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2003 DIGILAW 1557 (RAJ)

Jagdish S/o Shri Sardari Lal : Vijay Kumar v. State of Rajasthan

2003-11-15

N.N.MATHUR

body2003
JUDGMENT 1. - Both the misc. petition arise out of the same order dated 21.11.2001 passed by the Additional District and Sessions Judge, Sri Karanpur, upholding the order datd 7.4.1997 of the learned Judicial Magistrate, Padampur, taking cognizance against the petitioners for offence u/ss. 147 & 430 IPC. 2. It appears that the respondent herein Gurmel Singh filed a complaint on 13.3.1994 at SHO Police Station, Padampur, alleging that accused-Banshi Ram, Harish Kumar, Vijay Kumar, Ajay Kumar, Gudu Ram Raj put and Jagdish Nagpal damaged their watercourse in Square No. 51 in Kila Line 11-15 (South side). On this information, Police registered a case for offence u/s. 431/147 IPC. After investigation, Police forwarded a report in negative. The learned Magistrate, rejected the Final Report and took cognizance for offence u/ss. 430 & 147 IPC. The petitioners preferred revision, which was dismissed by the impugned order. 3. Mr. N.L. Joshi, learned counsel for the petitioners submits that the parties have compromised. He has also placed on record a compromise deed dated 17.10.2002, duly signed by Gurmel Singh, Gurdev Singh and Veena Devi W/o Vijay Kumar. 4. Be that as it may, I have perused the entire record. It clearly appears to be a dispute of civil nature. The learned Magistrate was in error in not accepting the final report given by the police. 5. Consequently, both the petitions are allowed. The order dated 21.11.2001 passed by the learned Addl. District and Sessions Judge, Sri Karanpur and the order dated 7.4.1997 passed by the learned Judicial Magistrate, Padampur are quashed and set aside. The Final Report submitted by the Police stands accepted.Petitions allowed. *******