ANVESH MISHRA Vs. UMESH SINGH

JUDGEMENT

(1.) Refusal to grant relief of re-investigation of Crime No.118/18 by the concerned police, made the appellants to file this appeal before this Court for consideration.

(2.) Facts of the case relevant for disposal of this appeal are that on 14.4.2018 at about 20.15 hrs, a quarrel took place between the appellants and respondent No.1 herein with exchange of filthy words. Both the parties had lodged complaint at the Police Station Sirgitti, Bilaspur against each other for the same incident. On the complaint of appellant No.1, Crime No.118/18 was registered for the offence under Sections 294 , 506 , 323 , 34 of the Indian Penal Code, whereas on the complaint of wife of respondent No.1, Crime No.119/18 was registered under Sections 294 , 506 , 323 & 34 of IPC. Subsequently, on completion of investigation, offence under Section 325 of IPC was also added in Crime No.119/18. Thereafter, final report in both the aforesaid crime numbers was filed before the competent Court.

(3.) Petitioners/appellants filed writ petition bearing WPCR No.525/18 seeking for re-investigation in Crime No.119/18 on the grounds mentioned therein. Learned Single Judge after hearing both the sides, arrived at a conclusion that there is no substance to order reinvestigation in the matter and dismissed the writ petition by observing that the complaint made by wife of respondent No.1 herein gets support from the medical evidence i.e. MLC report and report of Radiologist.