PUSHPENDRA SINGH BHATI,J. - (1.) The petitioners have preferred this criminal misc. petition under Section 482 Cr.P.C. against the order passed by learned Additional Sessions Judge, Deedwana dated 28.04.2016 in criminal revision petition No. 12/2016 Akabar Khan and Ors. v. State and Anr. Whereby learned Additional Sessions Judge dismissed the revision petition filed by the petitioners and confirmed the order dated 14.03.2016 passed by learned Additional Chief Judicial Magistrate, Deedwana in criminal case No.52/2016 State v. Akabar Khan and Ors. FIR No.207/2015 PS Deedwana, whereby learned Additional Chief Judicial Magistrate took the congnizance against the accused petitioners for offence under Sections 341, 323/149, 147, 148 of IPC.
(2.) On the complaint made by the complainant, SHO Police Station Deedwana (Nagaur) proceeded with the investigation. The police submitted charge-sheet against accused-petitioners Akbar Khan @ Nadeem Khan and Daud Khan for the offences under Sections 341, 323 of I.P.C. but the police did not find the case to be made out against accused petitioners No.3 to 16, and thus, submitted negative final report in the Court of Additional Chief Judicial Magistrate, Deedwana. The concerned Court issued notice to the complainant on the FR submitted by the police and on such notice the complainant appeared and preferred an application for taking cognizance against rest of the petitioners Nos.3 to 16, and on the basis of the statements recorded by the police under Section 161 of Cr.P.C., the cognizance was taken against all the petitioners under Sections 341, 323/149, 147, 148 of IPC vide order dated 14.03.2016. Thereafter, the learned Additional Session Judge, Deedwana dismissed the revision petition and upheld the cognizance order.
(3.) Learned counsel for the petitioners, first of all, has shown to this Court the injury report, which clearly reflects two injuries; one lacerated wound and second was complaint of pain. However, no external injury was sustained. Thus, virtually, the injury report reflects only one injury. Thereafter, learned counsel for the petitioner has shown the police report, whereby the aforementioned two persons have been charge-sheeted and the case against rest of the persons have been closed.;