N.N.MATHUR, J. - (1.) BY way of instant petition under Section 482 Cr.P.C., petitioner has challenged the order dated 10.11.1995 passed by the learned Judicial Magistrate, Bansoor taking cognizance against him for the offence under Sections 394, 504 and 341 IPC.
(2.) IN spite of notice, none appears for the second respondent Girraj. Briefly stated the facts of the case are that the second respondent Girraj presented a complaint in the Court of learned Judicial Magistrate, Bansoor on 30.8.1995 stating inter alia that on 26.8.1995 at about 8 P.M., while he was on the way in front of the temple near Tehsil Office, the accused petitioner herein met him. The accused enquired as to where he was going in the night. An oral altercation took place between them. The caused abused and assaulted him. He also took away a wrist watch and cash amounting to Rs. 380/ -. The complainant went to lodge the report of the incident at the Police Station but he was not allowed. He also stated that the incident was witnessed by Hemraj, Satish Kumar etc. In support of the complaint, Girraj examined himself and produced witnesses Hemraj and Satish Sharma. Learned Magistrate by the impugned order has taken cognizance against the petitioner for the offences under Sections 394, 504 and 341 IPC.
(3.) IT is submitted by the learned counsel that the entire case is false and fabricated. He further submits that petitioner is a Government servant and at the time of the incident, he was at Police Station, Behror in connection with the election duty. He has also produced a copy of the Rojnamcha in that regard.;