DHANO Vs. STATE

JUDGEMENT

(1.) IN this revision petition the petitioner has challenged the order of the learned Additional Sessions Judge, Delhi dated 2. 09. 2005 whereby it ordered framing of charge under Sections 308/323/506/34 of the Indian Penal code (IPC) and framed charges vide order dated 6. 09. 2005 in a complaint case titled 'mange Ram v. Smt. Dhano' which was committed before the court of Sessions by the learned Metropolitan Magistrate.

(2.) COMPLAINANT Shri Mange Ram filed a complaint against the present petitioner and her husband Shri Hardayal Singh (who has since expired), regarding a dispute over a piece of land which was taken by the father-in-law of the Petitioner from the father of the complainant for purposes of cultivation. This complaint pertains to Police Station Kanjhawla. Since after the death of his father, the complainant wanted the land back from the father-in-law of the present Petitioner which resulted into a dispute inter se the parties and on 2.-06. 1990 at about 4. 15 P. M. , the petitioner allegedly hurled three/four brick-bats at the house of the complainant and one of the brickbat hit the son of the complainant thereby causing injuries on his person, whereas other two brickbats hit the door of the house and did not cause any injury. Besides, there are various other allegations contained in the complaint.

(3.) A kalandra under Section 107/150 Criminal Procedure Code (Cr. P. C.)was also prepared for apprehension of breach of peace against the Petitioner and her husband Shri Hardayal Singh. The said proceedings were lapsed/dropped after expiry of six months.