Bhawani Joshi vs State Of Rajasthan
2022 Latest Caselaw 1390 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 356/2022

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

2. Kamal Sharma S/o Sh. Heeralal Sharma, Aged About 54 Years, B/c Sharma, R/o Ghantaghar Ghati, Nagarwada, Banswara.

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

4. Raman Tailor S/o Sh. Nanalal Tailor, Aged About 71 Years, B/c Tailor, R/o Dhanlaxmi Market, Pipali Chowk, Banswara.

5. Motilal Bhagora S/o Sh. Kamji Bhagora, Aged About 53 Years, B/c Bhagora, R/o Near Janwari Petrol Pump, Banswara.

6. Hakru Maida S/o Sh. Khatiya, Aged About 48 Years, B/c Bheel, R/o Peepalwa, Banswara.

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Gopiram Agarawal S/o Sh. 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. S.K. Bhati, 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 an order dated 14.09.2020 passed by the ACJM,

Banswara in FIR No.501/2008 (FR No.199/2009) 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 petitioners.

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

14.09.2020 shall remain stayed.

(FARJAND ALI),J 58-Arun/-

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