JAGDISH Vs. STATE

JUDGEMENT

(1.) The matter was passed over on the first call as none was present on behalf of respondent No. 2/complainant despite service. Same is the position even on the second call.

(2.) The petitioners are aggrieved by an order dated 31.08.2009 passed by the learned Additional Sessions Judge in SC No. 01/09, initiated on the basis of a FIR lodged by respondent No. 2 under Sections 452/323/506/34 IPC, registered with Police Station: Kalyan Puri.

(3.) Briefly stated, the facts of the case are that the petitioners, who are the immediate neighbours of respondent No. 2, lodged a complaint on 01.08.2004 against respondent No. 2 and the members of his family stating inter alia that they had physically assaulted the petitioners and their family members, who sustained injuries. Based on the aforesaid complaint, FIR No. 375/2004 was registered at Police Station: Kalyan Puri under Sections 323/308/34 IPC. After the investigation, a charge-sheet was filed by the police and the matter was committed to the court of sessions vide order dated 21.03.2006. Charges were farmed against respondent No. 2 and the trial commenced. Counsel for the petitioners st.ates that the testimony of the witnesses has been recorded and the matter is at the stage of arguments.