VIPIN KALRA Vs. STATE

JUDGEMENT

(1.) This revision petition under Section 397/401 of the Code of Criminal Procedure 1973 (for short, "Criminal Procedure Code") is directed against the order dated 16th November, 1998, passeassed by the court of Metropolitan Magistrate, holding that, prima facie, offence Under Sections 341/323/34 IPC is made out in the case FIR No. 23/97 P.S.Chitranjan Park against the petitioners and framing of the formal notice under Section 251 Criminal Procedure Code on 26/11/1998.

(2.) Facts in brief are : that on 10th January, 1997 at about 8:00 p.m. Sh. Himanshu Khurana lodged a report alleging that when he reached home, his father and brother-in-law (Jija) were going to the Police Station. He went upstairs and sat down in his room after closing the door. At about 11.15 p.m. his sister Kamini Pahuja from Pitampura informed him on phone that Smt. Krishna her sister-in-law (Bhabi) had abused her on phone in the manner which cannot be described; she was threatened that in case she and her husband Vinay Pahuja do not mend their ways they would be killed. She was weeping. After 5-10 minutes, Smt. Veenu, daughter-in-law of Prem Dass Kalra telephoned him and started extending threats that he and his parents would be killed. The complainant became nervous and came down for going to the Police Station for his safety. At the gate Vipin Kalra and his two servants (including Chottu) surrounded him and gave him beating. Vipin Kalra gave a fist blow on his face and stomach, as a result of which his spectacles were broken and he suffered injuries.

(3.) Case under Sections 506/323/34 was registered. On medical examination he was found having scratches over the left side of his cheek. Injuries were found to be simple. After completion of investigation, challan was filed on 23/03/1998. Arguments were heard and prima facie offence under Sections 341/323/34 IPC was held to be made out. This order has been challenged. I have heard learned counsel for the petitioner, learned APP for the State and have been taken through the record.