Honble JAIN, J.—This misc. petition u/s. 482 Cr. P.C. is directed against the order dt. 25.5.89 passed by learned Munsif and Judicial Magistrate, 1st Class Merta whereby he has taken cognizance against the petitioner u/ss. 342, 34, 330, 166, 376/114, 376/511 and 114 I.P.C.

2. Briefly stated the facts of the case are that the complainant Ramlal while in custody sent complaints agtinst the petitioner and some other police officials including Dy. S.P. Premnath Soni albging that these persons tortured him and his brother in-law Narayan and also stated that he was made to have sexual intercourse with his mother Moolki and his brother in-law Narayan was thrown on his sister in-law Patashi to commit sexual intercourse. Thereupon, a first information report no. 152/88 was recorded against the petitioner and investigation was conducted by several police officer. A charge-sheet was filed against the petitioner and some other police officials u/s. 330/34 I.P.C. The petitioner and the other co-accused Premnath moved applications before the learned court below stating that from the challan papers no case is made out against them. The learned Magistrate, while dismissing the applications vide his

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