DHARMA @ DHARMVEER Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been preferred to quash the order dated 13.05.2014 passed by the learned Additional Sessions Judge, Court No. 6, Aligarh in Criminal Revision No. 1035 of 2013 and the order dated 23.10.2013 passed by the learned Additional Chief Judicial Magistrate, Court No. 3, Aligarh in Complaint No. 196 of 2013 (Chhotey Lal Sharma vs Dharma alias Dharmveer, under section 392 IPC, PS Gandhi Park, Aligarh, whereby the petitioner was summoned.

(2.) Brief facts of the case are that according to the FIR, on 16.01.2013 at about 9.00 p.m. Chhotey Lal Sharma was sleeping in his house with his family members, suddenly Dharma alias Dharmveer resident of Nagla Mali along with his four companion entered the house of Chhotey Lal Sharma. All the people had muffled their faces. As soon as Dharma alias Dharmveer and his companion entered the house of Chhotey Lal Sharma, they started terrorizing Chhotey Lal Sharma and his family members by showing country made pistol and also assaulting the wife, son and daughter-in-law of Chhotey Lal Sharma. The complainant and his family members got frightened and when the complainant resisted, muffled faces of the miscreants were opened, the complainant and his family members saw and recognized Dharma alias Dharmveer in the light. All the miscreants committed loot at the house of the complainant. On raising hue and cry, the witnesses Smt. Santosh Devi and Satya Pal came and they also saw Dharma alias Dharmveer in the light. The miscreants took two pairs of ear rings of gold, two pairs of pazeb of silver and one pendent of gold and Rs. 3000/- cash from the Almirah. Previously also Dharma alias Dharmveer had committed theft in the house of the complainant, against whom a case is pending. Dharma alias Dharmveer also threatened the complainant to kill him. The complainant went to the police station to lodge an FIR, but his report was not lodged, hence he sent an application to the S.S.P., but no action was taken, thus, he moved an application under section 156(3) Cr.P.C., which was treated as a complaint case vide order dated 01.02.2013. Chhotey Lal Shrma was examined under section 200 Cr.P.C. and in inquiry under section 202 Cr.P.C. statements of witnesses PW-1 Satya Pal and PW-2 Smt Santosh Devi were recorded and documentary evidence was filed. The learned lower court on perusal of the documents and statements found that the case under section 392 IPC was prima facie made out and summoned the accused under section 319 IPC. Feeling aggrieved, the accused Dharma alias Dharmveer filed revision being Criminal Revision No. 1035 of 2013, which was also dismissed on 13.05.2014.

(3.) I have heard learned counsel for the petitioner and learned AGA for the State.