- (1.) Instant misc. petition under Section 482 Cr.P.C. has been filed by the accused-petitioners against the order dated 20.06.2008 passed by Additional Sessions Judge(F.T.) No.1, Jaipur City, Jaipur(hereinafter referred to as 'the Revisional Court') in Criminal Revision No. 1/2008, whereby the Revisional Court has dismissed the revision petition filed by the petitioners and confirmed/upheld the order dated 01.06.2007 passed by the Additional Civil Judge(Junior Division) & Judicial Magistrate(First Class) No.11, Jaipur City, Jaipur(hereinafter referred to as 'the Trial Court') in FIR No. 483/2006(Case No.5105/2007), registered at Police Station, Vaishali Nagar, Jaipur for offences under Sections 147, 149, 323 and 452 IPC submitted by complainant Sanjeev Singh, Respondent No. 2 on dated 04.08.2006.
(2.) Brief facts of the case are that Respondent No. 2, Sanjeev Singh filed a complaint against the accused-petitioners before the learned Trial Court for the offences under Sections 147,149, 323 and 452 IPC with the allegations that on 14.08.2005, when construction work was going on in his house, the petitioners with common intention armed with lathies, bricks and other weapons came to his house and started beating his mother, father, wife, son and daughter and when the complainant tried to stop them from beating his family members, the petitioners caused injuries to the complainant on thumb and hips. The father of the Respondent No. 2 as such filed a written complaint on 14.08.2005 at Police Station Vaishali Nagar, Jaipur. The Police got the complainant medically examined and made sight inspection and took statements of the family members of the complainant, but till today police has not done anything in the matter. Instead of that, a false case bearing FIR No. 437/2005 against the complainant, Sanjeev Singh and his father was made and charge sheet has been filed. So the petitioners prayed that progress report with regard to written complaint be called for. Learned Trial Court on 12.07.2006 ordered that progress report be called from the Police Station. Thereafter, instead of waiting the report, the Trial Court on 18.07.2006 ordered that the complaint be sent to SHO for the inquiry under Section 156(3) Cr.P.C. Then, FIR No. 483/2006 was registered, but the Police gave FR in above case stating that no case is made out against the accused-petitioners. Then, the Respondent No. 2 submitted a protest petition against the FR filed by the Police on 29.11.2006 and after hearing, the protest petition was accepted and cognizance has been taken against the accused-petitioners under Sections 147 & 323 read with Section 149 IPC and ordered that the petitioners be summoned to bailable warrants of Rs. 2,000/- vide order dated 01.06.2007.
(3.) Aggrieved by the aforesaid order, the accused-petitioners filed a revision petition before the learned Revisional Court, which was also dismissed by the learned Revisional Court vide order dated 20.06.2008. Feeling aggrieved by the orders of both the Courts below, present misc. petition has been filed by the accused-petitioners.;