Y.R.MEENA, J. - (1.) THIS Miscellaneous Petition under Section 482, Cr.P.C. is directed against the Judgment of the learned Munsif and Judicial Magistrate, Rajgarh District -Churu dated 9.1.85.
(2.) THE main grievance of the petitioners is that the learned Magistrate has wrongly taken the cognisance against them.
(3.) THE relevant facts, in short, are that the petitioner No. 1 is a complainant against Khuiwaram non -petitioner in FIR Case No. 65 of 1983 dated 24.9.1983. The petitioner No. 2 is Sarpunch of Gram Panchayat. The petitioner No. 3 is witness in a criminal case. The petitioner No. 4 is the brother of Gopichand. The petitioners No. 5 and 6 are the nephews of Gopichand and the petitioner No. 6 is also Government Servant working as Deputy Vaidya in the Government of Rajasthan. The petitioner No. 1 Gopichand filed a first information report at the police station Taranagar on 24.9.83 to the effect that his one camel and Bull (Sandh) were stolen away. The SHO police station Taranagar registered a case for the offence under Section 397, IPC against the non -petitioner. During investigation, the police came and asked the petitioner No. 2 Sarpanch of the village to accompany him as well as ordered the above petitioners except petitioner No. 6 to accompany him. The petitioners, as per direction of the SHO accompanied him to the field of Khinwaram along with some other constables for pointing out one stolen property. During investigation of the said criminal case, the stolen property was recovered and challan was filed for the offence under Section 397, IPC in the court of Munsif and Judicial Magistrate, Rajgarh. Thereafter, the non -petitioner presented a complaint before the learned Magistrate, Churu under Section 447, 427 and 147 IPC.;