ANJALI AGGARWAL Vs. STATE

JUDGEMENT

(1.) By way of present petition under Section 397 of Cr.P.C. petitioner sought setting aside of the judgment dated 10th February 2006 passed by leaned Metropolitan Magistrate acquitting respondents no.2 and 3 for the offences under Section 506 read with Section 34 IPC.

(2.) The revision petitioner in her complaint to police had alleged that on 26th September 1992, she had come to Tis Hazari Courts in a child custody case. Respondent Sudershan Kumar Bagrodia, her ex-husband, who was a party in the custody case had come to Tis Hazari Courts along with his sister Smt. Jai Shree Bindal and when she was near gate no.2 of Tis Hazari Courts, both the respondents stopped her and threatened that she should stop coming to the Court otherwise she would be killed. She alleged that they tried to snatch the child from her and slapped her. She then went to the police station to lodge a report and her report was recorded and after investigation, challan was filed.

(3.) The learned trial court after calling the records of the custody case pending between the parties observed that on 26th September 1992, there was no date of the custody case between the parties. The learned trial court also, after appreciating the testimony of complainant and her cross examination, concluded that the child was not with her on that day. The learned trial court found that the complaint made by the petitioner/ complainant was a false complaint and, therefore, acquitted the respondents.