RAJESH NARVEKAR Vs. PRASAD DURGA PRASAD

JUDGEMENT

(1.) THIS Criminal Revision Application has been filed by the Applicant who is the Original Complainant in Criminal Case No. 225/1998/1st. Addi. pending on the file of Judicial Magistrate, First Class at Mapusa. This Criminal Revision Application challenges the Order passed by the Additional Sessions Judge at Panaji, in Criminal Revision Application No. 51/2000, dated 28th June, 2001, setting aside the Order dated 6th July, 2000, passed by the Judicial Magistrate. First Class, Mapusa ordering framing of charge against the Non Applicant No. 1 Original Accused for an offence punishable under Sections 379, 504, 506 (u) of the Indian Penal Code and discharged the Non Applicant/original Accused for the aforesaid offences.

(2.) THE brief facts necessary for the decision of this Revision are as under: the Applicant herein, who is the Original Complainant, who lodged FIR No. 246 dated 14-10-1997 set the ball rolling in respect of the prosecution of the Non Applicant/original Accused. On the basis of the said First Information Report the Mapusa Police Station investigated the said complaint and a charge-sheet against the Non Applicant/original Accused came to be filed before the Judicial Magistrate. First Class, Mapusa, for an offence punishable under Section 392 of the Indian Penal Code. On an application moved by the prosecution an additional charge under Sections 504 and 506 came to be added.

(3.) THE Applicant/complainant, had alleged in his report that the Non Applicant NO. 1/ Accused had attacked him when he was at the staircase leading to his Office and had dashed the camera on the wall and thereafter ran away with the camera. It was also alleged by the Applicant/complainant that the Non Applicant/accused had abused him and had threatened to kill him while the Non Applicant/accused was running away. It is also stated that a Civil Case regarding the property dispute is pending in the Court.