AFZAL Vs. NOOR NISHA BEGUM

JUDGEMENT

(1.) This revision petition is directed against the judgment and order dated 9th February, 1996 passed by Mr. R.K. Sharma, Additional Sessions Judge, Delhi whereby he set aside the order passed by the learned Metropolitan Magistrate dismissing the complaint filed by the respondent herein under sections 323/452 of the Indian Penal Code.

(2.) Brief facts which led to the present revision petition are as under : that on Mst.Noor Nisha Begum Filed a complaint before the Metropolitan Magistrate, P.S. Lahori Gate under sections 452/448/506/463/465/120-B of the Indian Penal Code. The learned Magistrate after the appraisal of the evidence led by the complaint came to the conclusion that the alleged incident never took place and the complaint itself was a Figment of the imagination of the complainant. He was-further of the view that the complaint was Filed in order to bring pressure on the respondents. Hence the said complaint was dismissed vide judgment and order dated 28th October, 1995.

(3.) Aggrieved and dis-satisfied with the said judgment and order the complainant i.e. the respondent herein approached the court of Session by way of revision. The learned Additional Sessions Judge vide the impugned judgment and order allowed the revision petition and set aside the order passed by the learned M.M. He further directed the learned M.M. to summon the petitioners herein i.e. respondents 1 to 7 under sections 323/452 of the Indian Penal Code.