PREM DAS Vs. STATE OF U.P

JUDGEMENT

(1.) This Criminal Revision under Section 397/401 Cr.P.C. has been preferred against order dated 21.04.2010 passed by learned Additional Chief Judicial Magistrate, Court No.7, Ghaziabad in Case Crime No.422/1998 of Police Station Sahibabad, District Ghaziabad under Sections 323, 452, 504 & 506 I.P.C., allowing application of the complainant purported to be under Section 323 Cr.P.C. and thereby committing the case to the Court of Special Judge, under the Schedule Castes and the Schedule Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to 'the SC/ST Act').

(2.) The factual matrix of the case is that on 24.04.1998 at about 18.30 O'clock, there was a clash between the complainant's side and the revisionist's side over an issue of throwing debris of complainant's house on the public lane. It is said to be a case of free-fight, wherein both the sides received injuries. The Police registered F.I.Rs. on the basis of cross version and after concluding investigation, the Investigating Officer submitted charge-sheet in both the cases one under Sections 323, 452, 504 and 506 I.P.C. in the case Crime No. 422/1998 registered on the basis of F.I.R. lodged by the complainant Shri Kishan Ram and second under Sections 323, 325, 308, 504 and 506 I.P.C. in the cross version Case Crime No.422-A/1998.

(3.) Since, the cross-case also involved offence under Section 308 I.P.C. exclusively triable by a Court of Session, therefore, the learned Magistrate committed it to that Court as provided in Section 209 Cr.P.C. However, the case of the complainant (Non-revisionist) did not involve any offence exclusively triable by the Court of Session, was not committed.