AMARESH KU.SINGH,J. - (1.) HEARD the learned Counsel for the petitioners and the learned Public Prosecutor.
(2.) THIS petition Under Section 482 Cr. P.C. is directed against the order dated 23rd September. 1996 passed by the learned Judicial Magistrate, Sumerpur, whereby the learned Judicial Magistrate took cognizance of the offences Under Sections 307, 341, 343, 429 and 120B IPC against the accused persons including the petitioners and proceeded against them Under Section 204 Cr. P.C. on the basis of the report submitted by the S.H.O. of the Police Station, Takhatgarh after completing investigation relating to F.I.R. No. 63/96 Police Station Takhatgarh. On 31st May, 1996 at 12.15 a.m. Rama Shanker Avasthi lodged the F.I.R. No. 6/96 at Police Station, Takhatgarh. According to the allegations made in the FIR, Rama Shanker Avasthi started from Takhatgarh at 8.30 a.m. in a Ambassador car, which was being driven by driver Lalit Singh. Deva Ram Choudhary, Ummaid Mal and Jetha Ram also accompanied him. At about 11 p.m. they took some food at a Restaurant near Sandarao crossing. At 11.45 p.m. they started from that place. Some persons, who were in a jeep followed the car in which the complainant was travelling. At some distance from village Balana, the jeep over took the car and stopped in front of the car. Six persons stepped down from the jeep, they were armed with lathis and rods. They damaged the car and inflicted injuries to the complainant Rama Shanker and the driver Lalit Singh. One of the assailants was possessing 'dharia' and he was aged about 25 to 30 years. Above mentioned incident occurred at 12.05 a.m.
(3.) ON the basis of the first information report given by Shri Rama Shanker, the police registered a case under Sections 147, 341, 323, 149 and 427 IPC and conducted investigation. During investigation the injuries of Rama Shanker and Lalit Singh were medically examined. Four simple injuries caused by blunt weapon were found on the body of Rama Shanker and four simple injuries caused by blunt weapon was found on the body of Lalit Singh. Neither injuries of Rama Shanker and Lalit Singh were caused with a sharp weapon, nor they were grievous and much less dangerous of life.;