Sunil Kumar Garg, J. - (1.) This appeal has been filed by the State of Rajasthan against the judgment and order dated 5.6.1987 passed by the Learned Additional Chief Judicial Magistrate, Raisinghnagar in Criminal Case No. 136/84 by which the learned Magistrate acquitted the accused-respondents for offence under section. 147 & 332/149 Indian Penal Code.
(2.) This appeal arises in the following circumstances : (i) PW-1 Jagannath lodged a written report Ex.P/1 with the Police Station Raisinghnagar on 2.7.1984 stating that on that day he was Inspector, Commercial Excise, Rajasthan and he along with Balvinder Ram, Ramniwas and PW-2 Mahesh went to inspect Newlight Theatre situated at Raisinghnagar at about 11.15 p.m. when 3rd show was going on. Upto 11.50 p.m. Shri T.R. Duggar who was manager of the theatre did not produce the relevant papers and at about 11.55 p.m. relevant papers were brought by Balram, Booking clerk. Manager Shri T.R. Duggar and other persons closed PW-1 Jagannath and his party in the room and he also called Gundas and they did not allow them to make inspection and they were beaten by these persons and they got their signatures under pressure and thus by doing so, they prevented them from discharging their duties.
(3.) 'On this report police chalked out regular FIR Ex.P/3 and started investigation.;