GANGA RAM S/O NOLA RAM Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2019-5-44
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on May 08,2019

Ganga Ram S/O Nola Ram Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

MANOJ KUMAR GARG,J. - (1.) Heard the learned counsels for the parties. Instant criminal misc petition has been filed by the petitioner feeling aggrieved by the order dated 29.10.2018 passed by learned Additional Special Judge SC/ST (Prevention of Atrocities Act) Cases, Merta [hereinafter referred to as 'revisional Court'] dated 29.10.2018 whereby, the learned Special Judge dismissed the revision petition filed by the petitioners and affirmed the order dated 10.07.2018 passed by learned Additional Chief Judicial Magistrate, Degana [hereinafter referred to as 'trial court'] whereby, the learned Magistrate allowed the application under Section 319 Cr.P.C. and took cognizance against the petitioners for offence under Section 147, 341, 323, 325/149 IPC.
(2.) Learned counsel for the petitioner submits that after registration of FIR, a thorough investigation was conducted and police submitted Final report in respect of present petitioners. Later on, after recording of evidence, the complainant filed an application under Section 319 Cr.P.C which was dismissed by the trial court vide order dated 15.11.2014. The complainant then filed a revision petition before the revisional Court which was allowed by the revisional Court vide order dated 03.06.2016 and a direction was issued to the trial court to take cognizance against the petitioners.
(3.) Feeling aggrieved by the order passed by the revisional Court, petitioners preferred revision petition before this Court which was registered as S.B. Criminal Revision Petition No. 775/2016. The said revision petition was disposed of vide order dated 27.03.2017 and the matter was remanded to the trial court to pass a fresh order in the light of judgment in the case of Hardeep Singh Vs. State of Punjab reported in (2014) 1 Supreme 132. In pursuance of order passed by this court, the learned trial court passed a fresh order dated 10.07.2018 taking cognizance against the petitioners for offence under Section 147, 341, 323, 325/149 IPC. A revision petition was filed by the petitioners against the order dated 10.07.2018 which came to be dismissed by the revisional court vide order dated 29.10.2018. Hence, this misc petition.;


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