PREM NATH SHARMA Vs. DARSHANA

JUDGEMENT

(1.) PREM Nath Sharma, vide this petition, seeks to challenge the order of learned ACMM dated 14th May, 2009 in complaint case titled "PREM Nath Sharma Vs. Diwan Chand & Ors." whereby the complaint filed by the petitioner was dismissed as withdrawn and accused persons were acquitted.

(2.) BRIEFLY stated, the facts relevant for disposal of this petition are that the petitioner filed above noted complaint under Sections 147/148/307/217/269/270/34 IPC read with Section 120B IPC against the respondents and others on 08th January, 1990. The preliminary enquiry into the complaint went on till 25th March, 2000 when the learned ACMM, after examining as many as 17 witnesses, summoned respondents No. 1 to 4 and Diwan Chand (since expired) & Shaheen Das (since expired) for the offences punishable under Sections 147/148/323 IPC. Learned ACMM also summoned respondent No. 4 Head Constable Prem Singh and Surjeet Lal, Inspector (since expired) under Sections 217 read with Section 34 IPC. On 25th January, 2008, learned Magistrate partly examined the complainant and recorded the statement of PW2 Shanti Swaroop Sharma.

(3.) I have heard learned counsel for the petitioner. Petitioner has also filed written submissions in support of his petition. The plea of the petitioner is that he was never ready and willing to withdraw the complaint on 14th May, 2009 and he was pushed into making the statement for withdrawal of complaint on 14 th May, 2009 by his counsel Mohd. Saleem, who colluded with the accused persons. It is submitted that the petitioner, on 14 th May, 2009 was aged about 75 years and because of his old age, he was misled into making the statement before the court. It is also submitted that the complaint was filed under various sections of the I.P.C including Section 307. Thus warrant trial case procedure was applicable in this case and Section 257 Cr.P.C, which relates to summons trial cases, was not attracted. Thus, petitioner has urged for setting aside of impugned order.