ACHYUT KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri S.P. Giri, Advocate for revisionist and learned A.G.A. for the State of U.P. None was present on behalf of respondents no. 2 and 3 to argue.

(2.) This criminal revision has been filed against the order dated 22/5/2010 passed by the Special Judge, Dacoiti Affected Area, Badaun in Criminal Case No. 304/2009 (Achyut Kumar Vs. Kripa Ram and others) by which learned court has dismissed the complaint filed by Achyut Kumar.

(3.) A perusal of the record reveals that Achyut Kumar has filed a complaint against Kripa Ram and one other under Sections 392/427/506 and 323 I.P.C. alleging that on 20.6.2009 at about 10 p.m. when he and his sister Sarita were at home, accused persons came into his house and took away Rs. 30,000/- from his house and a mobile was also taken and they were also assaulted by butt of the gun, knife and dandas. The complainant has examined himself under Section 200 Cr.P.C. and Kamlesh and Vikki have been examined under Section 202 Cr.P.C. The learned court below has dismissed the complaint on the ground that there is no evidence to show that any application was moved before the S.S.P. of the district as envisaged under Section 154(3) Cr.P.C. It was also mentioned that no evidence was produced regarding serious injuries. All the injuries according to injury report are simple.