JUDGMENT 1. - Heard learned counsel for the petitioner as well as learned Public Prosecutor for the State and perused the order impugned. 2. The instant Misc. Petition has been filed by the petitioner challenging the order dated 27.4.2009, passed by the learned Judicial Magistrate No. 2 Sujangarh, Distt. Churu whereby the learned Magistrate took cognizance against the petitioner for the offences under Sections 341 and 323 of the Indian Penal Code and Section 3(1)(X) of the SC/ST (Prevention of the Atrocities) Act in relation to the F.I.R. No. 52/2005 registered at Police Station Chhapar Distt. Churu. 3. Succinctly staled the facts of the case are that the respondent No. 2 filed a complaint in the Court of learned Judicial Magistrate No. 2 Sujangarh stating inter alia that the petitioner was in-charge of the famine relief work being undertaken in his village. He alleged on 26.5.2005 he went to the place where the famine relief work was being conducted and requested the accused for taking him on the famine relief muster roll, on which, the accused abused him and also assaulted him. The complaint was forwarded to the Police Station Chhapar for investigation and F.I.R. 52/2005 was registered and investigation commenced. 4. During the course of investigation, the police collected various documents and came to a conclusion that the complainant while conducting the famine relief operations was assaulted by various persons on 23.5.2005 and the famine relief work was stopped down on that very day and the petitioner was appointed for performing census operations. The Investigating Agency also collected documentary evidence and oral evidence to the effect that since the incident of beating with the petitioner took place on 23.5.2005, the famine relief operations were continued to be closed till 8.6.2005. 5. The petitioner had already filed an F.I.R. in relation to the assault made on him which was registered as F.I.R. No. 47 dated 24.5.2005 and a copy thereof has also been taken on record. Ultimately, the police came to a conclusion that the impugned prosecution had been instigated by the accused against whom the petitioner had filed the F.I.R. on 24.5.2005 and that the complainant was deliberately chosen by the aforesaid accused persons to file the false F.I.R. against the petitioner so that the petitioner would be forced to enter into a compromise in the F.I.R. filed by him. The police also came to a conclusion that the F.I.R. filed by the complainant was highly belated and that there was no possibility of any incident having taken place on 26.5.2005 as alleged by the complainant because the famine relief operations were already at a stand still on that day. On the submission of the Final Report, the complainant protested against the same and the learned Magistrate by order dated 27.4.2009 has proceeded to take cognizance against the petitioner for the aforesaid offences and has issued warrant of arrest against him. The instant Misc. Petition has been filed seeking quashing of the aforesaid order passed by the learned Magistrate.Counsel for the petitioner submits that the order impugned is absolutely illegal and amounts to an abuse of the process of Court. He submits that the police collected unimpeachable and trustworthy material to the effect that famine relief operations had already been shut down on 23.5.2005 itself and therefore, there was no occasion for any interaction taking place between the complainant and the petitioner in relation to famine relief work on 26.5.2005 i.e. the date of occurrence. He further contends that there is material available on record, as per which, the petitioner had been posted on census duty and was not even available in the village when the incident is s.aid to have taken place. Thus, he prays that Misc. Petition deserves to be accepted and the order impugned deserves to be quashed.Notice was issued to the respondent but nobody is present for arguing the case on his behalf.Learned Public Prosecutor has supported the arguments advanced by the counsel for the petitioner and submits that police rightly gave a Final Report in the matter after thorough investigation and that the documentary evidence which the police collected completely belies the allegation made by the complainant.Having considered the arguments advanced at Bar by the counsel for the petitioner and after going through the material available on record, this Court is of the opinion that police, during the course of investigation, collected the trustworthy and unimpeachable evidence showing that the famine relief operations were already shut down on 23.5.2005 itself because of an assault having been made on the petitioner. Thus, there was no occasion for the petitioner to have been present at the scene of the occurrence for conducting famine relief operations on 26.5.2005. Thus, there was no occasion for the petitioner to have been present at the scene of the occurrence for conducting famine relief operations on 26.5.2005. Thus fact not being found to be acceptable then, as a corollary thereto, there is no possibility of any incident of beating and abuses in being hunted at the complainant upon his request to be taken on famine relief operations taking place. It is apparent that belated complainant which was filed by the complainant after nearly five days of the occurrence was filed in a motivated fashion and in all probabilities was instigated by the accused against whom petitioner had filed the F.I.R. No. 47/2005 on 24.5.2005.The upshot of the above discussion is that the Misc. Petition succeeds and the order dated 27.4.2009 passed by the learned Judicial Magistrate No. 2, Sujangarh/ Distt. Churu taking cognizance against the petitioner is hereby quashed.Petition allowed. *******