MANGAL SINGH & OTHERS Vs. STATE OF RAJASTHAN AND ANOTHER
LAWS(RAJ)-2016-8-178
HIGH COURT OF RAJASTHAN
Decided on August 09,2016

Mangal Singh and Others Appellant
VERSUS
State of Rajasthan and Another Respondents

JUDGEMENT

Kanwaljit Singh Ahluwalia, J. - (1.) Instant petition has been preferred under Section 482 of Code of Criminal Procedure, 1973 to assail the order dated 03.09.2015 passed by Court of A.C.J.M. Bandikui District Dausa, whereby ld. Magistrate had taken cognizance of offences punishable under Sections 341, 323, 452 and 354 I.P.C. against the petitioners. A further prayer has been made that the order dated 16.04.2016 passed by Revisional Court below be also set aside, whereby order taking cognizance by Court of A.C.J.M. Bandikui, was affirmed.
(2.) The learned counsel appearing for the petitioners has submitted that the petitioners suffered injuries in the occurrence, at the instance of complainant to the cross-version. First Information Report was registered at instance of petitioner No.1 and respondent No.2 had given a cross-version. Counsel has further submitted that cross-version was investigated by the Police, and the Police came to a conclusion that complainant to cross-version had lodged a false First Information Report, hence, Investigating Agency submitted a Final Report in negative form. Aggrieved against the same, complainant filed a protest petition.
(3.) Counsel appearing for the petitioners contends that in protest petition, so filed, the Court of Magistrate had summoned the petitioners to stand trial for offences punishable under Sections 341 & 354 I.P.C. Counsel further contends that the finding given by the Investigating Agency that the petitioners had not committed any offence was just and proper and the same could not be ignored by the Court below while deciding protest petition.;


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