RAJBIR SHRAMA Vs. STATE & ANR

JUDGEMENT

(1.) This is a petition seeking leave to appeal against the judgment dated 30th Sept., 2015 passed by the learned Additional Sessions Judge acquitting the Respondent No.2 of the offence under Sections 341/307/506/34 IPC.

(2.) The present petition is by the original complainant. The brief facts are that information was received in Police Station (PS) Ashok Vihar on 29th July, 2004 at around 9.02 P.M which was reduced to DD No.25. This was about a quarrel near a Gurudwara in H-Block, JJ Colony, Wazirpur. When the Investigating Officer (IO) Kewal Singh proceeded to the spot, he found the present Petitioner, Rajbir Sharma, lying in an injured condition. He was then sent to the Babu Jagjeevan Ram Memorial Hospital for treatment. After being examined and treated, the Petitioner gave a statement to the IO in which he stated that he was returning from his scooter repair shop in Inderlok Market with his employee Nafis on his Bullet motorcycle. When he reached the main chowk on the Gurudwara Road, another Bullet motorcycle on which four boys were seated forcibly stopped him by obstructing his way after overtaking him. The Petitioner stated that he of those four boys, he knew Pradeep Jaat and Amit Kaushik (Respondent No.2 herein). The Petitioner stated that Pradeep hit him on the face with a brick while Amit gave a bottle blow on his head. The two other associates attacked him with chairs.

(3.) On completion of the investigation, a charge sheet was prepared for being filed in the Court. It was entrusted to IO Kewal Singh vide a road certificate No. 97/21/05 dated 3rd Feb. 2005. However, the Petitioner did not hear anything further from the police or the Court. Therefore, he filed an application on 20th Sept., 2010 for a direction to the concerned Station House Officer (SHO) to file the challan. Kewal Singh, who had by then become a Sub-Inspector filed a reply on 20th Oct., 2010 stating that he had handed over the charge sheet to Ct. Sanjay to be filed in the Court. Kewal Singh sought time to search for the charge sheet.