JAGTAMBA DEVI Vs. HEM RAM

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by a learned Single Judge of Himachal Pradesh High Court dismissing the Revision Petition filed by the appellant under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (in short the Code).

(3.) Background facts in a nutshell are as follows: In the year 2001, the appellant was Pradhan of Gram Panchayat Village, Rore, Tehsil Palampur, District Kangra, Himachal Pradesh and continued as such till December, 2005. On 6.1.2003 sanction was given for construction of village road for which the Panchayat received a sum of Rs.20,000/-. According to the appellant, the respondents herein after coming to know of the grant of sanction for Rs.20,000/- pressurized her for construction of a road to their houses instead of constructing a road for which sanction was received. Thereafter, the work on the sanctioned project commenced. On 13.10.2003 when the construction was in progress, the respondents came to the work site at about 4.30 p.m. and abused the complainant in filthy and derogatory language and threatened her with dire consequences. They forcibly obstructed the appellant and the labourers from doing any work on the village road. They caused hurt to the appellant and by using criminal force pushed her and thereby deterred public servant from performing her duties. On 22.10.2003 the Gram Panchayat filed a complaint with the police officials but since no action was taken, a private complaint for alleged commission of offences punishable under Sections 332, 353, 504/506 of the Indian Penal Code, 1860 (in short the IPC) was filed in the Court of learned Judicial Magistrate, Palampur. After recording preliminary evidence, an order was passed on 1.7.2004 issuing summons to the accused persons. On 28.9.2004, learned Executive Magistrate directed the file to be consigned by holding that the Kalandara had become time barred and no further action was required. Appellant made a grievance that no notice of the proceedings was given to her and neither she nor her advocate was heard before the passing of the order. An application was filed on 20.7.2005 by the accused persons praying for dropping charges with a contention that the applicants cannot be tried for the same offence. Reference was made to the order dated 28.9.2004 passed by the Executive Magistrate, Palampur. On 7.8.2005 after receiving notice, appellant submitted her reply specifically contending that the provisions of Section 300 of the Code are not applicable to the proceedings. It was submitted that the concept of double jeopardy was not applicable to the proceedings under Section 107/150 of the Code. Learned Additional Chief Judicial Magistrate, Palampur partly accepted the application and dropped proceedings against applicants 1 and 2 namely, Hem Raj and Swroop Chand on the ground that the said applicants cannot be tried for the same offence. Being aggrieved by the aforesaid order passed by the Additional Chief Judicial Magistrate, Criminal Revision Petition was filed which was numbered as Criminal Revision No.111 of 2006. By the impugned order, the revision was dismissed in summary manner.