Rajendra Saxena, J. - (1.) Heard.
(2.) This petition has been filed under Section 482 Criminal Procedure Code against the order dated 18-1-89 passed by the learned M.J.M., Pipar in Cr. Case No. 39/89, whereby the learned Magistrate after recording evidence under sections 200 and 202 Criminal Procedure Code took cognizance against the petitioners for the offences punishable under section 451 and 323 read with 34 Indian Penal Code Petitioners filed a revision petition before the learned Addl. Sessions Judge, Churu which was rejected as being time barred. Hence this petition.
(3.) The main contention of Mr. Bishnoi is that the learned Magistrate without applying his mind has taken cognizance against the petitioner because there was no evidence whatsoever prima facie to show that the petitioners had caused simple hurt to the complainant for want of any medico legal injury report. His another contention is that petitioner Kheta Ram is an Inspector in the I.B. and that he was not present on the day of alleged offence i.e. 15th August 1988 in the village and that a false case has been foisted against the petitioners. He has. therefore, prayed that the cognizance taken by the learned Magistrate be quashed.;