GAJENDRA SINGH KUNWAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) A very short question, which emerges for consideration in the instant criminal revision is that as to whether under the given set of circumstances of the case as involved herein being Criminal Case No. 231 of 2019 'State vs. Chandra Mohan Singh', on which the cognizance have been taken by the Court on submission of the chargesheet by the Investigating Officer for the offences under Section 323, 504 and 506 of IPC. The question which emerges for consideration is arising out of the order dated 08.05.2019 as passed by the Judicial Magistrate I Class, Srinagar, Pauri Garhwal in the aforesaid case, wherein, by virtue of the impugned order while considering the application of the revisionist making a prayer for further investigation, the same has been rejected. Consequently, the present revision challenging the order dated 08.05.2019.

(2.) The contention of the revisionist in the case at hand is that though he has lodged an FIR, being FIR No. 60/2018 on 1.12.2018, complaining of commission of offence under Section 323, 504 and 506 of IPC, which was registered at P.S. Srinagar, District Pauri Garhwal. On the registration of the said FIR an investigation was conducted and the Investigating Officer on conclusion of the investigation has submitted a chargesheet being Charge Sheet No. 1/2019 dated 31.01.2019, wherein, the Investigating Officer, in the chargesheet has observed that as per the examination of as many as ten witnesses in relation to the aforesaid offences, the offence under Sections 323 and 504 is said to have been made out and consequently, he has submitted the report before the Magistrate concerned.

(3.) In pursuance to the submission of the chargesheet by the Investigating Officer, the Magistrate concerned by an order dated 8.05.2015, in fact was not satisfied with regards to the nature of offences, which was reported by the Investigating Officer in his report and the report submitted thereto and consequently, he has rejected the application under Section 156(3) and had directed the accused persons for putting in appearance on 11.06.2019 for the offences, which are reported to have been made out in the chargesheet, particularly those related to the offences under Sections 323 and 504 of IPC.