DEENBANDHU SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed the present petition under Sec. 482 of the Code of Criminal Procedure, 1973 challenging the order dtd. 16/3/2023 and 28/12/2015 passed by learned 6th Additional Sessions Judge, Durg (C.G.) in Criminal Revision No. 41/2023 (Rajkumar Tiwari @ Raja Vs. State of Chhattisgarh) by which the revision petition filed by respondent No. 2 has been allowed and the Revisional Court has quashed the order dtd. 18/1/2023 passed by Judicial Magistrate First Class, Bhilai-3 in Criminal Case No. 5/2018 (State Vs. Tribhuwan Mishra) by which the learned Magistrate has allowed the application filed by the State/prosecution under Sec. 319 and impleaded respondent No. 2 as accused in the case.

(2.) Brief facts reflected from the record are that the petitioner lodged FIR before Police Station Purani Bhilai on 18/12/2017 bearing crime No. 441 of 2017 for the offence under Ss. 294, 506, 323, 34 IPC against Tribhuwan Mishra, Pushpa, Pawan Mishra and Raja Tiwari alleging that on the date of incident on 18/12/2017 at about 12.30 o'clock they were constructing ladder on the public drain. The complainant has demanded Rs.27,000.00 from the accused person as he has supplied juice in the marriage of daughter of Tribhuvan Mishra. On being heard regarding demand of money, respondent No.2 started abusing and using filthy language in the public place and committed marpit with handd, fists and danda to the complainant. It is also case of the prosecution that when the complainant tried to intervene in the scuffle then Tribhuvan Mishra committed marpit with hands, fists and Pushpa and Pawan committed marpit with his wife and thereafter Tribhuvan Mishra and Rajkumar Tiwari committed marpit with the rod on the head of his daughter, as a result of which blood was oozing from her head, the incident was seen by Sudhir Singh, Dineshram and other public also. On the basis of the complaint, FIR has been registered for commission of offence as aforestated.

(3.) During investigation statements of the complainants were recorded wherein they have reiterated the same stand which they have taken in the FIR. It has been further contended that while they were returning from the hospital after taking treatment at about 3.30 pm. then Rajkumar Tiwari chased them having rod in his hand. The persons who were standing at the time of incident saved them then only they escaped from there. The complainant's case was supported by other witnesses namely Shakuntala Singh, Sitanshusingh, Divya Singh and Sudhir Singh whose statements were recorded by the police.