DURGA PRASAD Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Revision has been preferred against the order dated 7.11.2005 passed by the learned Chief Judicial Magistrate (C.J.M.), Kaushambi in Criminal Case No. 130 of 2005 (Pawan Kumar Mishra Vs. Durga Prasad and Others) issuing process against the revisionists under Section 204 Criminal Procedure Code, 1973 (Cr. P.C.) on the complaint of the Respondent No.2

(2.) The facts of the case in nutshell are that the Respondent No. 2 filed a complaint in the Court of C.J.M., Kaushambi on 15.1.2005 disclosing therein that he is the Member of Gram Panchayat Pashchim Sarira, District Kaushambi. Since he opposed the allotment of plots to be made by the Land Management Committee, therefore, accused persons/revisionists bore enmity with him. On 26.12.2004 at about 4.00 p.m. the complainant was going to market. When he arrived near Sabji Mandi, all the accused persons already present there surrounded him and started beating him with fists and kicks, and also with sticks. On his raising alarm, nearby shop-keepers arrived there and any how saved him. The complainant approached local police station to get lodged the F.I.R. The police did not lodge F.I.R. Then he also sent written report about the occurrence to the Superintendent of Police Kaushambi through the registered post dated 5.1.2005 but no action was taken by the police. Therefore, he moved the complaint in the Court of C.J.M..

(3.) The learned C.J.M. after having adopted the procedure as envisaged under Chapter XV Cr.P.C. had taken cognizance of offence on the complaint and ordered to issue process against the accused persons (the revisionists) which is under challenge in this revision.