H.R. Panwar, J. - (1.) By the instant criminal miscellaneous petition under Section 482 Cr.P.C., the petitioners have challenged the order dated 6.3.2003 passed by the Judicial Magistrate, Jaitaran (for short, "the trial Court" hereinafter), whereby the trial Court took cognizance of the offences under Sections 323, 341,147 and 149 IPC and Section (3) (1) (v) and (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, "the Act" hereinafter) and issued process against the petitioners.
(2.) I have heard learned counsel for the parties. Carefully gone through the impugned order as also the material available on record.
(3.) On a report lodged by the first informant Champa Lal, being FIR No. 76/2002, Police Station, Kalu, district Pali, the police investigated the matter and after investigation, filed a negative final report. On a notice, the first informant file a protest petition and got his statement under Section 200 Cr. P.C. recorded and produced witnesses Govind Ram and Hathi Ram, who made the statements under Section 202 Cr.P.C. The first informant also placed on record an order of interim temporary injunction passed by the trial Court in favour of the first informant and against the petitioners restraining them to cause any hurdle in the use and occupation of the land to the first informant Champa Lal. The trial Court, by a well-reasoned and elaborate order, considering every piece of evidence available on record including the statements of first informant Champa Lal recorded, under Section 200 Cr. P.C. as also the statements of Govind Ram and Hathi Ram recorded under Section 202 Cr. P.C. came to the conclusion that the case of the first informant is consistent form the lodging of the report of the occurrence which is support by the injury report of the fist informant. At the relevant time there was an interim injunction' in favour of first informant restraining the petitioners form interfering in the possession and use of the land by the first informant.;