- (1.) THIS revision petition has been filed against the order dated 3.11.2003 passed by the learned Chief Judicial Magistrate, Bhilwara whereby charges have been framed against the present petitioners for the offences under Sections 330 and 120-B IPC.
(2.) THE short facts of the case are that one Bhagwati Lal Khabya lodged a written report on 30.4.1999 at Police Station, Pratap Nagar, Bhilwara alleging therein that he is having business of Textiles in Bhilwara Textiles Market and he has taken some yarn from Hind Spinners/Hind Syntex, Devas for which they owed Rs.7,82,956.00 towards the company which they could not return and Hind Spinners appointed Gyan Chand as agent for receiving the said money. When the complainant was sitting at his shop, the present petitioners came there and started abusing him. They took him away to Gyan Chand's house to have their money and started beating him. Rs. 42,600.00 has been taken from his pocket forcibly and cheque of Rs.10,000.00 and stamp has also been executed forcibly by him which was got purchased through Hasti Mal. Case under Sections 342, 323, 330, 384, 365 and 120-B IPC was registered. After investigation charge-sheet has been filed against the present petitioners. Vide impugned order, the court below has discharged the present petitioner from the above offences except Sections 330 and 120-B IPC. The contention of the present petitioners are that to charge the present petitioners under Section 330 and 120B IPC, is contrary to the findings recorded by the court below while discharging the present petitioner from the other offences. Hence they should also be discharged from the offences under Sections 330 and 120B IPC.
(3.) PER contra, the contention of the learned Public Prosecutor is that there is no infirmity or perversity in the impugned order.;