KUNWAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the revisionist and the learned A. G. A.

(2.) The revisionist complainant Kunwar Singh is aggrieved by an order dated 30-10-2006 passed by 1st Additional Chief Judicial Magistrate Etwah in Criminal Case No. 106 of 2006, Kunwar Singh v. Ram Sewak and others, under Section 155(2), Cr. P. C.

(3.) In short, the allegations of the revisionist Kunwar Singh were that on 5-6-2006 opposite party Ram Sewak, his son Arvind, his brother Ram Das and Bhoop Singh brother Of Arvind belaboured his father Ram Naresh at 4.00 p.m. on his roof. Medical examination of Ram Naresh was got done on 5-6-2006 at 6.55 p.m., and his medical report indicated two lacerated wounds, which were sustained by the injured. The x-ray report dated 6-6-2006 of the injured indicated that there was a fracture of his right parietal bone of skull. The F. I. R. lodged by the revisionist complainant on 5-6-2006 at 5.05 p.m. at police station Ekdil regarding the said incident was registered as NCR. Since the F. I. R. was registered as a N. C. R. and there was a grievous injury sustained by the injured, therefore, the revisionist filed an application under Section 155(2), Cr. P.C. in the Court of Additional Judicial Magistrate, Court No. 1 Etawah seeking a direction from him to the police to investigate the offence. The trial Court has rejected his said application by passing the impugned order. Hence, this revision.