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2011 Supreme(Raj) 2012

R.S.CHAUHAN
Jagdish Narayan – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Sanjay Verma, Advocate.
For the Party: Alka Bhatnagar, Public Prosecutor.

JUDGMENT

1. - The Petitioners are aggrieved by the order dated 03.04.2010, passed by the Civil Judge (Junior Division) and Judicial Magistrate, First Class, Bassi, District Jaipur, whereby the learned Magistrate has taken cognizance against the Petitioners for offence under Section 323 IPC.

2. The brief facts of the case are that on 16.08.2008, the complainant, Hari Narayan, submitted a written report at Police Station Kanota, Jaipur (Rural) with regard to the occurrence which took place on 15.08.2008 at 9-10 PM. In the said written report, he claimed that on 15.08.2008 around 9-10 PM, when he was sitting in the house, the accused-Petitioners had forcefully entered into the house and had assaulted him with stones. Consequently, he had suffered certain injuries on the internal parts of his body. Upon hearing the noise, his neighbours came and rescued him.

3. Upon receiving the said written report, the police registered a FIR, FIR No. 425/2008, against the accused-Petitioners for offences under Section 143, 336, 323 IPC. After a thorough investigation, the police submitted a negative final report on 30.09.2008 before the trial Court. Aggrieved by the said negative final report, the com







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