Bhawani Joshi vs State Of Rajasthan
2022 Latest Caselaw 1388 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 358/2022

1. Bhawani Joshi S/o Shri Brijlal Joshi, Aged About 66 Years, B/c Joshi, R/o Nagarwada, Banswara.

2. Kamlesh Joshi S/o Shri Khushmohan Joshi, Aged About 45 Years, B/c Joshi, R/o Mochiwada Ghantaghar Ghati, Banswara.

3. Ramniwas Nagar S/o Shri Babulal Nagar, Aged About 46 Years, B/c Nagar, R/o Housing Board, Banswara.

4. Jagdish Joshi S/o Shri Khushmohan Joshi, Aged About 48 Years, B/c Joshi, R/o Mochiwada, Ghantaghar Ghati, Banswara.

5. Premkant Mehta S/o Shri Shivshanker Mehta, Aged About 54 Years, B/c Mehta, R/o College Wadiya Ratitlai Link Road, Banswara.

6. Bhupendra Upadhyay S/o Shri Sawai Lal, Aged About 80 Years, B/c Upadhyay, Bhagakot , Banswara.

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Gopiram Agarawal S/o Shri Hariram Agarwal, Aged About 72 Years, B/c Agarwal, R/o Kushalbag Palace, Banswara.

----Respondents

For Petitioner(s) : Mr. Deepak Choudhary, through VC For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE FARJAND ALI

Judgment / Order

28/01/2022

By way of filing this criminal misc. petition challenge has

been made to the order dated 22.05.2019 passed by the ACJM,

Banswara in the FIR No.377/2009 (FR No.113/2009) registered at

Police Station Kotwali Banswara, District Banswara, whereby the

learned Magistrate has taken cognizance of offence under Section

379 of the IPC and has issued the process against the petitioner.

Brief facts giving rise to the instant criminal misc. petition

are that FIR No.377/2009 came to be lodged alleging interalia that

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the accused-petitioner forcibly entered into the temple premises

raising slogans against complainant and levelling false allegations

regarding damaging old idol of the temple. The matter was

thoroughly investigated by the police and a negative final report

had been submitted way back, concluding there in that the

allegations levelled in the FIR were found false.

Upon the protest having been made by the complainant,

learned Magistrate ordered for conducting inquiry under Sections

200 and 202 of the Cr.P.C and now vide impugned order has taken

cognizance and issue due process for the presence of the accused-

petitioner.

Heard learned counsel for the parties and perused the

impugned order.

Here, the accused-petitioners already had a presumption of

innocence in their favour, which now has further been fortified

/strengthen by the conclusion of independent agency like Police

who has negated the allegations of the complainant. There

appears to be a battle of wit in between the parties and the

machinery of law has been used as a play ground.

Issue notice.

Learned Public Prosecutor accepts notice on behalf of the

respondent -State.

Issue notice to the private respondent, returnable with a

period of six weeks.

Till next date, the effect and operation of the order dated

22.05.2019 shall remain stayed.

(FARJAND ALI),J 59-Arun/-

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