AARTI HEJMADI Vs. STATE

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure (for short the 'Code') and Article 227 of the Constitution of India seeks for setting aside of summoning order dated 17.2.1996 passed by learned Metropolitan Magistrate, Karkardooma and for quashing of FIR No. 72/95 registered at P.S. Preet Vihar, Delhi under Sections 307/323/34 IPC.

(2.) Briefly the facts are that the complainant one Suresh Chand had lodged a report at P.S. Preet Vihar, Delhi at about 1100 p.m. on 17/11/94 where this report was registered as DD No. 20A. He has alleged that he along with his two co-villagers Satbir and Rakesh travelled in a bus after visiting the then Agriculture Minister, and alighted from the bus at Shakarpur Chowk and while going to ALT Ghaziabad Bus stop near Coffee Home to catch a bus to Ghaziabad for going to river Ganges, a girl named Aarti Hejmadi hit him from behind with an iron rod, two other persons accompanying her also gave beating to him with iron rods. When his two companions came to resuce him, she had fired at him but the bullet passed over his head. Due to fear of shooting, his two companions went away. It was also alleged that at that time Aarti had told him that "he had slapped me in the bus, to take revenge she would kill him and had also abused him. Some motorists came there and then the said girl went away on a motorcycle along with her two accomplices.

(3.) After registration of the DD a copy of it was entrusted to ASI Sompal Singh who made inquiries and recorded statements of several persons from the neighbourhood area, but he did not find any truth or substance in the report and case was not registered. However, it appears that the complainant pursued the matter further with higher police officers and then on 6.4.1995 a case FIR No. 72/95 under Sections 307/323/34 Indian Penal Code was registered.