SATENDRA Vs. HARBIR AND OTHERS

JUDGEMENT

(1.) HEARD the learned counsel for the revisionist. The revisionist had filed a Criminal complaint against respondents 1 to 5 who are three real brothers and two ladies being the wives of respondents 1 and 3 respectively. The allegation was that at about 1 P.M. on 28th September, 1993 in the heart of the town of Muzaffarnagar near the statue of Jhansi -Ki -Rani, the respondents waylaid the revisionist and his mother and physically assaulted them and robbed the revisionist of Rs. 540/ - and his mother of a silver hansuli. The learned Magistrate after an enquiry under Section 200/202 Cr.P.C. ordered the respondents to be summoned for offences under sections 323, 504 and 506 I.P.C. On revision filed by the respondents, the learned Sessions Judge, Muzaffarnagar has ordered the complaint to be dismissed.

(2.) THE learned Sessions Judge has noted that no F.I.R. was lodged at the Police Station and only a complaint purported to have been sent to the S.S.P. There was no medical examination report, although the complainant and his mother were alleged to have been severely beaten. The allegation of robbery was not even prima facie accepted by the Magistrate who did not summon the accused for offence under Section 394 I.P.C. The learned Sessions Judge, therefore, took the view that the complaint was filed simply with a view to harass the revisionist and there was no prima facie case and evidence for proceeding against the accused even for offences under Sections 323, 504 and 506 I.P.C. The revision was, therefore, allowed and the complaint was dismissed. The learned Sessions Judge has also noticed that the witnesses named in the complaint to the S.S.P. were not examined. The defects highlighted by the learned Sessions Judge are there in the proceedings and I see no ground for interference by the High Court in exercise of revisional jurisdiction. The revision petition is accordingly dismissed. Leaded counsel for the revisionist prayed for permission to appeal to the Hon'ble Supreme Court. Permission is declined.