SALADI SRIRANGA RAO Vs. DONTU MAHESWARA RAO

JUDGEMENT

(1.) The Petitioner filed a private complaint against the Respondent No.1 under Ss. 420, 324 and 506 (2) of IPC, the same was forwarded to the S.H.O concerned for investigation, but the Police after conducting investigation referred the case as non-cognizable. Against which, the present Petitioner has filed a protest petition. In support of protest petition he examined himself with two other witnesses under Sec. 200 of Cr.P.C. After hearing the Petitioner and also taking evidences of the witnesses at this stage, learned Magistrate passed impugned order and held no sufficient materials existed against the accused for proceeding in a Criminal Case under Ss. 420, 324 and 506(2) of IPC. Against such impugned order, the instant Criminal Revision has been preferred.

(2.) Learned counsel for the Petitioner submits that learned Magistrate concerned has not properly gone through the complaint as well as protest petition and thereby illegal order has been passed. He further submits that the observation of learned Court below regarding the non submission of medical paper to prove the offence punishable under Sec. 324 of IPC is illegal. He further submits that the two witnesses have supported the complainant, accordingly, learned Magistrate should have take cognizance against the Respondent No.1. He prayed for setting aside the impugned order and direction upon learned Magistrate concerned to proceed against Respondent No.1.

(3.) Learned counsel for the Respondent No.1 submits that there are no materials placed before learned Magistrate to proceed under Sec. 420, 324 and 506(2) of IPC. He submits that on plain reading of the complaint it would be revealed that there was a dispute between Petitioner and Accused regarding non-payment of purchased black gram. The Petitioner himself has deposed that the business was going on since long. Thus, the allegation is purely civil in-nature. He further submits that the statement of the Petitioner as well as other witnesses are contradictory, no medical paper was placed on record regarding the alleged assault. Thus, no such incident happened. Learned Magistrate has carefully gone through evidences and found nothing in proceeding with the matter against the Respondent No.1.