PRABHA KUSHWAHA Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.

(2.) The present criminal revision has been preferred against the judgment and order dated 30.4.2008, passed by the Special Judge (D.A.A.) Jhansi in Special Smt. Prabha Kushwaha v. Bhagwat Narain and Ors., Special Case No. 32 of 2008 rejecting the protest petition filed by the revisionist and accepting the final report submitted by the police after investigation of Case Crime No. 4 of 2008 under Sections 387, 392, 452 and 506, I.P.C. Police Station Samdhar, district Jhansi.

(3.) The brief facts of the case is that an application under Section 156(3), Code of Criminal Procedure. has been moved by the revisionist at the police station Samdhar, district Jhansi with regard to the incident dated 26.12.2007 which was occurred at about 5 p.m. According to the prosecution case, when the applicant was in her house and at that time one Uddu Barar son of Gokali and Kali Charan son of Mansha Ram were also there. At that time, accused Ex-pradhan Bhagwat Narain Upadhyay alongwith 2-3 persons having gun in their hands entered in the house of the applicant and demanded Rs. 20,000 per month from the applicant and threatened that in case she will not provide Rs. 20,000 per month to the opposite party No. 2, she could not perform the duty of Pradhan. After denial by the applicant-revisionist, accused persons snatched the gold chain and gold ring of the revisionist. In this regard, revisionist moved an application to the police station but her report was not registered then she moved an application to the Senior Superintendent of Police, Jhansi on 27.12.2007 but no report of the revisionist has been lodged. Thereafter, the applicant moved an application under Section 156(3), Code of Criminal Procedure before the learned Magistrate. On the aforesaid application, the learned Special Judge directed the police station concerned to register the case and investigate the matter. After investigation of the case by the police, final report has been submitted by the police and on the aforesaid final report, notice was issued to the revisionist for acceptance of the final report. The revisionist filed protest petition against the final report. The learned Magistrate treating the protest petition as complaint case, directed the revisionist to adduce the evidence. In support of the case, revisionist examined herself on 29.3.2008 under Section 200, Code of Criminal Procedure and witnesses Uddu Barar and Kali Charan have been examined on 7.4.2008 under Section 202, Code of Criminal Procedure The learned Magistrate on 30.4.2008, passed an order on the complaint of the revisionist, dismissed the complaint and accepted the final report.