GAFOOR AHMED Vs. CHAND BABU AND 5 OTHERS

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned A.G.A. Perused the record.

(2.) This writ petition has been preferred by the complainant, petitioner with a prayer to issue a writ or direction in the nature of certiorari quashing the impugned order dated 1.6.2013 passed by the Additional Sessions Judge/ Special Judge, E.C. Act, Rampur in Criminal Revision No. 40 of 2013 (Gafoor Ahmed Vs. Chand Babu and others) arising out of complaint case no. 4253 of 2008 under Sections 435, 504 and 506 I.P.C., Police Station- Bilaspur, District- Rampur.

(3.) In nutshell, complainant Gafoor Ahmed appears to have made an application under Section 156(3) Cr.P.C. against respondents no. 1 to 5 making an accusation against them, which constitute offence under Sections 435, 504 and 506 I.P.C. The said application was treated as criminal complaint and after recording the statements of the complainant and his witnesses under Sections 200 and 202 Cr.P.C., learned Magistrate issued process under Section 204 Cr.P.C. against the aforesaid accused respondents to face trial for the offence punishable under Sections 435, 504 and 506 I.P.C. Accused appeared and in due course the date was fixed for recording statements of prosecution witnesses under Section 244 Cr.P.C. Prosecution himself examined as P.W.-1 on 25.2.2011, thereafter, till date, he did not examine any other witness under Section 244 Cr.P.C. and he did not pay even cost imposed by trial court at his adjournment application as a result of which, vide order dated 23.1.2013 learned trial court closed the prosecution evidence and fixed the date for hearing on the point of charge.