LATOORI SINGH Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. The applicant Latoori Singh who is the informant of Crime No. 184 of 2004 has approached this Court with the prayer that the order dated 5-4-2005 passed by the Additional Chief Judicial Magistrate, Court No. 9, Aligarh in Case No. 266 of 2005, State v. Bhagat Singh and Ors. , be quashed alongwith the order dated 31-10-2005 passed by Additional Sessions Judge, Court No. 1, Aligarh passed in Criminal Revision No. 313 of 2005, Latoori Singh v. State of U. P. and Ors. By the impugned order, the Additional Chief Judicial Magistrate has rejected the prayer of the applicant-informant for summoning the accused under Section 308 I. P. C. The lower Revision Court by the order dated 31-10-2005, aforesaid, has rejected the revision filed by the applicant-informant. Hence, this application invoking the inherent jurisdiction of this Court under Section 482 Cr. P. C. for the relief mentioned above.

(2.) THE factual aspect of the case are that the daughter-in-law of the informant Latoori Singh, namely Smt. Gajno Devi wife of Padam Singh was present in her house when the co-villager accused persons Bhagat Singh, Guddu, Prem Chandra and Smt. Katura, w/o Bhagat Singh, were blocking the drain of the house of the informant on 16-12-2004 at 1. 20 p. m. THE objection raised by Smt. Gajno Devi resulted in assault on her by lathi, danda and saria preceeded by vetuparisation as a result of which, she sustained injuries. Smt. Gajno Devi was medically examined on the same date at 3 p. m. having four injuries on her person and for injury No. 1, she was advised X- ray and was referred to M. S. Hospital, Aligarh. In doctor's opinion all the injuries were caused by hard and blunt object. X- ray report of Smt. Gajno Devi dated 17- 12-2006 indicated fracture of her skull bone in interior part. On the basis of X-ray report, the Medical Officer C. H. C. , Kahir, Aligarh gave a supplementary report that injury No. 1 of the injured was grievous in nature, therefore, offence was altered and Investigating Officer engineered the investigation and after completion of it submitted a charge-sheet for offences under Sections 323, 325, 504 I. P. C. in the Court of A. C. J. M. , Court No. 9, Aligarh, on the basis of which, Case No. 266 of 2005, State v. Bhagat Singh and Ors. was registered in the Court. Informant Latoori Singh thereafter filed an application in Court for taking cognizance of offence under Section 308 IPC against the accused. THE said application was considered and rejected by the Magistrate vide his impugned order dated 5-4-2005 who was pleased to summon the accused only for offences under Sections 323, 325, 504 IPC and fixed 6-5-2005 for their appearance. Aggrieved by the aforesaid order dated 5-4-2005, the informant Latoori Singh, preferred Criminal Revision No. 313 of 2005 before the Additional Sessions Judge, Aligarh which was heard and rejected by Additional Sessions Judge, Court No. 1, Aligarh, vide his impugned order dated 31-10-2005. Hence, informant has invoked the power of this Court under Section 482 Cr. P. C. for the prayed relief.

(3.) LEARNED AGA on the other hand submitted that the impugned orders are absolutely justified and deserved to be upheld.