K C RADHA KRISHNAN Vs. DINESH

JUDGEMENT

(1.) The present revision by the complainant, who bad instituted a private complaint against the respondent for an offence under section 325, I.P.C. is directed against the order of discharge under section 245(1), Cr1. P.C. passed therein by the 9th Metropolitan Magistrate, Madras.

(2.) The facts giving rise to the present revision briefly are as follows: The petitioner filed a private complaint before the learned Magistrate on the allegation that on 29.10.1980 at about 11.30 a.m. the respondent herein fisted him, as a result of which, his left ear was torn and his teeth dislocated, thereby making out an offence punishable under section 325, I.P.C. Originally the petitioner had given a complaint to the concerned police who registered it in Crime No. 1252 of 1980 and after investigation had referred the case as a mistake of fact. A private complaint and therefore been filed.

(3.) The learned Magistrate, after taking a sworn statement of the petitioner, took the complaint on file as C.C. No. 1529 of 1981 for an offence under section 325 I.P.C. and issued process to the respondent. After the respondent entered appearance, the petitioner examined himself as P.W. 1, and his servant as P.W. 2, to corroborate his testimony regarding the occurrence. P.W. 3, a police officer who recorded his complaint and investigated into the case and also P.W. 4. Medical Officer, who had examined him and had issued the wound certificate: He also had marked Exs. P1 and P2 on his side. The prosecution witnesses were cross-examined by the respondent and he filed Exs. Dl and D2 on his side. The learned Magistrate, after recording the evidence under section 244, Cr1. P. C., found that there was no prima facie case against the respondent to warrant the framing of a charge and passed the impugned order discharging the respondent under section 245(1), Cr1. P.C. The present revision is directed against the above order of discharge.