M.A.A. Khan, J. - (1.) By this petition under Sec. 482 CrPC the petitioner-accused challenge the order dated 4.12.91 whereby the learned Magistrate dismissed their application under Sec. 258 CrPC seeking cancellation of the order of taking cognizance of the offences under Secs. 147, 341, 352 and 447 IPC against them and some others. Relevant facts are these :
(2.) Agricultural land of Khasra No. 56 admeasuring 21 Bighas 3 Biswas situate at village Kakarawada. Police Station Khatauli, Distt. Kota is the Muafi land of the temple of Sh. Kunj Behari Ji. It appears that the parties to the present litigation were asserting their rights not only to possess the aforesaid land but also to after "Seva-Puja" to the deity in the temple. Their dispute took them to the Revenue Court at Kota where Panthoo Ram (co-accused), purporting to act as Vyavasthpak of the temple filed a Revenue suit under Sec. 188 of the Rajasthan Tenancy Act on 9.12.91 against Mukat Behari complainant and others. In their turn Mukat Behari & Shambhu Dayal complainants appear to have filed suit No. 131 of 1991 against Panthu Lal and another in the court of Munsiff and Judical Magistrate Itawa. Kota for declaration and injunction in respect to the same property. An ad-interim injunction was also granted in their favour on 10.6.91 but the same was vacated on 2.6.92 after hearing the parties. Both the suits are reported to be still pending before the respective courts.
(3.) It is in the above back ground that Mukat Behari and Shambhu Dayal complainants filed a joint complaint in the court of the learned Magistrate alleging therein that on 4.8.91 at about 12.00 at noon the petitioners and other accused entered upon the suit land, ploughed the land with tractor and forcibly sowed crop therein and on being protested against by the complainants they tried to assault them and restrained them to proceed in the direction of the fields in question. This complaint was sent to police under Sec. 156 (3) CrPC for investigaion. After investigation the police submitted a chargesheet whereupon the learned Magistrate took cognizance of offences under Secs. 147, 341, 352 and 447 IPC and summoned the petitioners and others as accused in the case. After putting in appearance in the court the petitioner moved an application under Sec. 258 CrPC for cancellation of the proceedings against them. But, as stated above the learned Magistrate by his impugned order rejected their such application.;