SUBHASH CHAND Vs. STATE OF U P

JUDGEMENT

(1.) S. R. Bhaigava, J. A First Information Report was lodged against Shamsher and revisionist Subhash with the allegations that relations between parties were embittered because the informant was making complaints to diffe rent authorities. On the day of incident at about 9. 30 p. m. Shamsher armed with knife and revisionist Subiiash appeared at the door of the informant. The informant's daughter opened the door, Shamshef, said that he would kill. Informant's daughter shouted. Then several persons came on the spot bhamsher and Subhash said that they escaped but they would be killed with their family for taking action in any Court. Shamsher and Subhash hurted abuses at the door of the informant. Extending threats of life Shamsher threw 'kankar' at the head of informant's daughter who was not hurt on this report a case under Sections 336, 504 and 506, I. P. C. was registered against Shamsher and Subhash. Police investigated the case and ultimately filed charge-sheet under Sections 352, 504 and 506, I. P. C. Shamsher and Subhash appeared before the Magistrate. Subhash pleaded that no offence was made out against him and he should be discharged. Learned Magistrate did not accept this contention. He refused to discharge Subhash and framed charges under Sections 352, 504 and 506, I. P. C. against both Shamsher and Subhash.

(2.) BEING aggrieved with refusal to discharge Subhash has preferred this revision.

(3.) SO far as the contention that no offence is made out against the bar is concerned, it would suffice to say that according to First Information Report there was use of provocative words by both Shamsher and Subhash and there was also threat to life. On the face of the First Information Report it cannot be said that no offence under Section 504 or 506 was made out. It was vehemetly argued on behalf of the revisionist that the threat was no potential. When one of the accused is alleged to have been armed with knife and when the incident terminated only on account of arrival of witnesses, the argument that the threat was not potential is not sustainable.