- (1.)Through the above mentioned 4 miscellaneous petitions the petitioners have challenged the order dt. 18-5-98 passed by the learned Judicial Magistrate, Nohar whereby he took cognizance against them under Sections 323, 342 and 394, IPC.
(2.)The facts, Non-petitioner No. 2 Chhabeela Ram filed a private complaint on 26-3-98 in the Court of Judicial Magistrate, Nohar, stating that he was active worker of Shiv Sena Unit of Nohar Rawatsar and that he had exposed the conspiracy of the police and administrative officers through newspapers that they were grabbing the Government land worth crores of rupees on which they (petitioners) had given allurement to him that he stopped pursuing the matter, and they would arrange a plot of land for him free of charge and had threatened him that he would face the consequences if he did not deter. It was stated that on 23-3-98 the complainant had gone to village Thirana for buying she-buffalo and at about 7-7-30 p.m. when he was at the house of Sukhdas, Ramjas SHO and five police officials went there in a Jeep, gave beatings to him and took him away forcibly at Nohar Police Station, from where they took him to the office of Shiv Sena and asked him to open lock and after he opened the lock they collected all the papers relating to the land grabbing and took away. It was further stated that, in the night, the complainant was kept at the Police Station, and was given beatings by the six police officials, his moustaches were uprooted and chillies were put in his anus and at that time Shri K. L. Badetia, S.D.M. was also at the Police Station who asked the police officials to give beatings to him, so that he (complainant) would forget making complaints. It was also stated in the complaint that on 24-3-98 the complainant was produced before the S. D.M. and there Shri K.L. Badetia, S. D. M. hurled abuses at him and refused his medical examination.
(3.)On the complaint, the Magistrate recorded the statements of the complainant, Manoj, Duldas Swami, Munshi Khan, Bhaniram, Sukhram, Rajendra and Sitaram Mishra. After considering the evidence produced before him, the Magistrate passed the impugned order whereby he held that there was material on record to proceed against Ramjas, Ramkumar, Hakam Ali, Ast Ali, Fateh Mohd. and Niranjan under Sections 323, 342 and 394, IPC and against K. L. Badetia under Section 323 read with Sections 114 and 504, IPC. He directed that the four police officials and the two private persons be summoned by warrant of arrest and Shri K. L. Badetia be summoned by summons.