S.S.CHAHAR Vs. KOK SINGH

JUDGEMENT

(1.) The instant Criminal Revision is under Section 397 read with Section 401 of Cr.P.C. against the order dated 19.3.2014 passed by the Second Additional Sessions Judge, Bhind, in Criminal Revision No.16/11, whereby the appellate Court set aside the judgment dated 18.10.2010 passed in Criminal Case No.716/2019 by Judicial Magistrate First Class, Bhind, and remanded the case for re-framing of charges and for deciding the matter after hearing the parties.

(2.) Precisely stated facts of the case are that respondent No.1 filed a complaint against the petitioner and other respondents before Judicial Magistrate First Class on the allegation that respondent No.1/complainant is editor of weekly newspaper "Nirmohi" and he published some alleged disparaging news/article against petitioner and other respondents. The petitioner and other accused pressurized him for publishing counter of the said news, but the complainant did not do so, therefore, accused started keeping enmity with him. On 8.11.1971 they falsely involved the complainant in a murder case and on 13.11.1971 when he was sitting at his door, then accused No.1 Premshankar Mishra, who was the then Sub-Inspector of police, apprehended him and snatched a gold chain of 2.5 Tola and Rs.1,000/- from him. His clothes were torn and he was beaten with kicks and fists and he was taken to Police Station, Kotwali, Bhind, only in inner garments. In the police Station, other accused also committed Marpeet and tortured him. He was manhandled and abused and his procession was undertaken by defaming him while writing Bhind Ka Guna on his chest. On his complaint, as per the direction of District Magistrate, though an enquiry was conducted by Sub-Divisional Magistrate, but he got disappointment from the said enquiry and thereafter he filed the present private complaint before the Judicial Magistrate First Class.

(3.) After filing of the private complaint before the Judicial Magistrate First Class, charges were framed by the Judicial Magistrate First Class and thereafter trial was conducted.