SHEILA DEVI & ORS Vs. STATE

JUDGEMENT

(1.) Instant revision petition has been preferred by the petitioners to challenge the legality and correctness of an order dated 02.02.2015 of learned Additional Sessions Judge by which they were charged for committing offences under Sections 308/380/427/506/34 IPC. Status report is on record.

(2.) I have heard the learned counsel for the parties and have examined the file. FIR in question was lodged by an order dated 19.04.13 of learned Metropolitan Magistrate under Section 156 (3) Cr.P.C. In the complaint case, it was averred by the complainant that she was residing at House No.16/893, Ground Floor, H-Block, Bapa Nagar, Karol Bagh. On 25.07.2012 when she objected to the raising of unauthorized and illegal construction of a latrine by the petitioners, they gave beatings on her abdomen, chest, back, hands and arms. She was taken to Lady Harding Hospital and was medically examined. On 26.07.2012 again the petitioners quarrelled with her. She was caught hold of by accused Sheela and other accused Vijay and Ashok inflicted brick blows on her forehead. She got 7-8 stitches on her forehead. Varun and Priyanka, her grand children, also sustained injuries. The petitioners also committed theft of Rs. 9,000/- after committing trespass and also caused damage to various articles.

(3.) The investigating agency recorded statements of witnesses conversant with the facts. Upon completion of investigation, a chargesheet was filed against the petitioners for committing offences under Sections 323/308/380/427/506/34 IPC. Since offence under Section 308 IPC was triable by the Court of Sessions, the case was committed to the Court of Sessions. After hearing the parties, the impugned order on charge was passed.