ELISHA WALKER Vs. KUSUM PUSHPA TIRKI

JUDGEMENT

(1.) .By this revision petition, the applicant seeks to challenge the correctness, validity and propriety of the order dated 2-11-2000 passed in unregistered criminal case (Elisha Walker v. Smt. Kusum Pushpa Tirki), rejecting the complainant's complaint.

(2.) . Shri A. N. Bhakt, learned counsel for the applicant, submits that the applicant had examined his ownself and had examined one witness in support of his contention that the accused persons committed the alleged offence. According to him, the learned trial Court called for the report from the police station. The said police authority submitted before the Court that the present complaint appeared to be counter-blast to exert pressure upon the accused persons. The learned trial Court by the order impugned observed that the complaint appeared to be belated and a counter-blast of a criminal case registered against the present applicant on the complaint of the accused persons. It accordingly rejected the application. According to him, the Court below was not entitled to reject the complaint only on the basis of the police report.

(3.) . Shri Beriwal, learned counsel for the respondents, submits that the Court below had jurisdiction to appreciate the evidence in its true perspective and if on the basis of police report it held that no cognizance could be taken in the matter, then it was absolutely justified. He further submits that from the police report it would clearly appear that the present complaint was in fact a counter-blast to the complaint lodged by the learned persons against the present applicant.