R.S. Chauhan, J. - (1.) THE Petitioners are aggrieved by the order dated 03.04.2010, passed by the Civil Judge (Junior Division) and Judicial Magistrate, First Class, Bassi, District Jaipur, whereby the learned Magistrate has taken cognizance against the Petitioners for offence under Section 323 IPC.
(2.) THE brief facts of the case are that on 16.08.2008, the complainant, Hari Narayan, submitted a written report at Police Station Kanota, Jaipur (Rural) with regard to the occurrence which took place on 15.08.2008 at 9 -10 PM. In the said written report, he claimed that on 15.08.2008 around 9 -10 PM, when he was sitting in the house, the accused -Petitioners had forcefully entered into the house and had assaulted him with stones. Consequently, he had suffered certain injuries on the internal parts of his body. Upon hearing the noise, his neighbours came and rescued him. Upon receiving the said written report, the police registered a FIR, FIR No. 425/2008, against the accused -Petitioners for offences under Section 143, 336, 323 IPC. After a thorough investigation, the police submitted a negative final report on 30.09.2008 before the trial Court. Aggrieved by the said negative final report, the complainant filed a protest petition. After hearing both the parties, vide order dated 03.04.2010, the learned trial Court accepted the protest petition and disallowed the negative final report submitted by the police and took the cognizance against the accused -Petitioners for the offence under Section 323 IPC. Hence, this petition before this Court.
(3.) MR . Sanjay Verma, the learned Counsel for the Petitioners, has vehemently contended that the Petitioners have been implicated falsely in the case ostensibly on the ground that the Petitioners had already filed a complaint against the complainant -party, which was sent for investigation under Section 156(3) Code of Criminal Procedure. After a thorough investigation, the police has submitted a charge -sheet against the complainant -party for offence under Sections 341, 323, 392, 147, 386 and 506 IPC. In order to pressurize the Petitioners, a false FIR has been lodged by the complainant -party for offence under Section 323 IPC. After a thorough investigation, the police had submitted a negative final report in favour of the Petitioners. However, despite the negative final report, vide order dated 03.04.2010, the learned Magistrate has still taken the cognizance against the Petitioners.;