M K RAZDAN Vs. STATE

JUDGEMENT

(1.) IN these applications, modification of the orders of this Court dated 25. 10. 2007, in Crl. Revision Petition No. 150/2007, to the extent that they should be recalled and the revision petition restored and decided on the merits, have been sought for.

(2.) THE brief facts of the case necessary to decide the present proceeding are that the applicant (Respondent No. 2 in the revision petition) alleged that he was allegedly brutally beaten up by the Petitioner, Shri M. K. Razdan, on 3. 12. 2004, inside the office premises of the Press Trust of India Building at parliament Street and was later treated at the Ram Manohar Lohia Hospital, New delhi, where he was taken in an unconscious state. The applicant was a journalist working in the PTI. It is claimed that a First Information Report was lodged against the respondent, and the applicant was made an eye witness. It is however claimed that another First Information Report FIR No. 316/2004 was lodged against the applicant, whereby, Shri M. K. Razdan alleged commission of offences punishable under Sections 308/506 IPC by the applicant (Shri. Shashidhar Khan, and referred to hereafter as such ). The latter was subsequently dismissed from service on 10. 12. 2004, for which approval was sought under section 33 (2) (b) of the Industrial Disputes Act. The FIR lodged against the applicant, Sh. Shashi Dhar Khan No. 316/2006 is pending consideration before the additional Chief Metropolitan Magistrate. He is facing trial for committing offences under Section 323/506 IPC.

(3.) THE applicant alleged that when the police did not lodge an FIR against the Petitioner (M. K. Razdan, hereafter referred to as such) he filed a criminal complaint under Section 200 before the Additional Chief Metropolitan Magistrate, new Delhi. The complaint alleged commission of offences under Section 308/325/109/506/511/120-B/34 IPC. The Court issued process and summons against the accused, M. K. Razdan on 6. 11. 2006. The said accused Shri Razdan filed a revision petition being Crl. Revision Petition No. 105/2007 before this Court and notice was issued on 15. 3. 2007 in the said revision petition.