KULDEEP KUMAR Vs. G K MISHRA

JUDGEMENT

(1.) This petition under Section 482 seeks intervention by exercise of inherent jurisdiction of the court. The petitioner had filed a complaint alleging commission of offences under Sections 147/148/149/323/452/506/120-B IPC.

(2.) The allegations, in the complaint were that the accused persons on 30/1/2003, in the late evening entered his house started abusing him and started mercilessly beating his mother, brother and son. These along with the complainants, allegedly received serious injuries. It was alleged that the incident was witnessed by one Baleshwar Prasad, a local respondent. The complainant/petitioner alleged that the police were called and the injured were taken to the Lai Bahadur Shastri Hospital and they were admitted. It was further alleged that subsequently due to some pressure a compromise was recorded. Later on coming to know about the lodging of an FIR, by the accused, the petitioners filed the complaint.

(3.) In the course of the proceedings before the learned Magistrate, six witnesses were examined in support of the petitioner's case. These included the injured persons as well as CW1 one Lama Ram, working as Constable. That witness produced the record and mentioned about the incident, in support of the complainant's version. Additionally, Baleshwar Prasad, the complainant's neighbour and alleged eye witness, who had seen the incident deposed in favour of the complainant.