RASHMI JAIN Vs. STATE & ANR

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 10.07.2015 of the court of Metropolitan Magistrate passed on the file of the criminal case arising out of report under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) submitted on conclusion of investigation into FIR No.928/2005 of Police Station Shakarpur, Delhi whereby she has been summoned as an additional accused in exercise of the power vested in the said criminal court by Section 319 Cr.P.C.

(2.) The FIR of the case was registered on the basis of a complaint made on 11.09.2005 by Madhvi Jain. Copy of the FIR which has been shown reveals that the said first informant had alleged that at about 9:30 a.m. she had been accosted at her home by four persons, viz. Archana Jain, Nirmal Jain, Kranti Kumar Jain and Rashmi Jain (the petitioner) who had forcibly entered into her room and had assaulted her wherein the petitioner had caught hold of her hair after she had been forced to fall on the ground by Kranti Kumar Jain, to hit her with legs and fists, other two women having also joined in the process.

(3.) The charge-sheet indicated that the evidence had come up confirming the said assault and consequently Madhvi Jain, the complainant, having suffered grievous hurt. Thus, the charge-sheet which was submitted on 111.2005 prayed for cognizance to be taken and criminal case initiated for trial of the perpetrators of the crime for offence punishable under Sections 325/34 IPC. It may be mentioned here that the offence punishable under Section 325 IPC (voluntarily causing grievous hurt) attracts punishments which may extend to seven years with fine. It may also be added here that having regard to the maximum punishment that can be meted out for the said offence, there is no period of limitation prescribed by Section 468 Cr.P.C.