RANJEET SINGH CHAUHAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) An F.I.R., being F.I.R. No. 13/97 was registered under Sections 147, 452, 342, 506, 323, 427 and 504 IPC only on 19.08.1997 at Police Station Devprayag, District Tehri Garhwal for an incident, which is said to have occurred on 18th August, 1996 at about 12:30 p.m. Apart from the fact that it was a highly belated F.I.R. with regard to an offence, lodged immediately after a lapse of one year of the incident which has occurred in 1996. As per the narration of the incident in the FIR, there were as many as seven person, who were accused of committing the offence as narrated above in the case Crime No. 13 of 1997.

(2.) The F.I.R. is shown to have been registered in pursuance to the order passed by the Magistrate, which was passed after invoking the powers under Section 156 (3) of the Cr.P.C. If the narration of the allegation levelled against the present revisionists is derived from the contents of the F.I.R., in fact, it was a mob attack, which is said to have been committed by the accused persons in the F.I.R., resulting into causing of the injuries on victim, complainant on his left thigh, which has resulted into the leveling of the offence as against the revisionist under Section 323 of the I.P.C.

(3.) Having gone through the F.I.R., and as far as the allegation under Section 452 IPC is concerned, the entire incident is shown to have been occurred in front of the shop of the complainant, where the mob altercation has taken place resulting into the conflict between the accused persons due to which there have been injuries caused upon the victim as a consequence of the said offence.