RAVINDRA KUMAR PATEL Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the revisionist and the learned AGA and perused the record.

(2.) This revision has been preferred by the revisionist to set aside and quash the impugned order dated 24.4.2010 passed by the learned Special CJM, Varanasi in Complaint Case No. 182 of 2008 (Ravindra Kumar v. Deepak Patel and Ors.) under Sections 147, 452, 380, 427, 323, 504 and 506 I.P.C., P.S. Chaubepur, district Varanasi.

(3.) Briefly stated the facts of the case are that the revisionist filed an application under Section 156(3) Code of Criminal Procedure. on 5.3.2008 before the learned court below stating therein that the opposite party Nos. 2 to 6 at about 8.00 a.m. on 11.3.2008 entered the house of revisionist, abused him by using filthy languages and caused injuries to him by lathi-danda and butt of country made pistol and damaged household goods of the complainant causing loss of about Rs. 50,000/- and also forcibly took away his motorcycle and his wife from his house. The complainant got himself medically examined in the Government Hospital at Varanasi on the same day approached the police authorities, but since his case was not registered at the police station, he moved an application under Section 156(3) Code of Criminal Procedure. After registration and investigation of the case, the police submitted a final report. A protest petition was filed by the complainant against the above final report. The protest petition was treated as complaint by the learned trial court. The statement of complainant under Section 200 Code of Criminal Procedure. and that of his witnesses under Section 202 Code of Criminal Procedure. were recorded in the court. Ultimately, the learned trial court rejected that complaint under Section 203 Code of Criminal Procedure. holding that the incident is doubtful.