SURAJ RAJORIA Vs. RAM SINGH IMLE

JUDGEMENT

(1.) Heard on the question of admission. In this petition u/s 482 of Code of Criminal Procedure (hereinafter referred to as "Code"), the petitioner has called in question the legality, validity and propriety of order dated 07/01/2019 passed by Judicial Magistrate First Class, Gwalior in unregistered case number batch of 2018 and order dated 22/10/2019 passed in criminal revision No. 140/2019 by 7 th Additional Sessions Judge, Gwalior, whereby, application filed by the petitioner under Section 156 (3) of the Code has been rejected and the petitioner has been directed to examine his witnesses as per the provision of Section 200 and 202 of the Code.

(2.) The brief facts leading to filing of this case are that the petitioner has filed a complaint case before the Magistrate against the respondents No. 1 to 13 for the offences punishable under Sections 452 , 354 , 323 , 294 , 148 , 149 , 506-B of IPC along with an application under Section 156 (3) of the Code for issuance of necessary directions to register an FIR on the ground that there was a dispute in respect of a well situated on a Government land. The High Court has passed an order dated 28/07/2017 in W.P. No. 653/2017 in favour of the petitioner and, therefore, the respondents/accused are maintaining grudge against him. It is further submitted that on the date of incident i.e 08/02/2018 all the accused persons entered in his house and used abusive language against him and also assaulted him, due to which he sustained various injuries. The petitioner had lodged written complaint with regard to the aforesaid incident before the concerned police station, where he was not heard since the accused persons were having connivance with the police authorities and they had managed the police authorities not to register an FIR against them. Being aggrieved, the petitioner has filed a complaint under Section 200 of the Code along with an application under Section 156 (3) of the Code for necessary directions.

(3.) The trial Court vide order dated 07/01/2019 rejected the application under Section 156 (3) of the Code filed by the petitioner and held that no offence under Sections 452 , 354 , 323 , 294 , 148 , 149 , 506-B of IPC is made out against the accused persons/respondents. Being aggrieved by the order dated 07/01/2019, the petitioner has preferred a criminal revision No. 140/2019 before the revisional Court and the revisional Court vide order dated 22/10/2019 affirmed the order passed by the Magistrate and rejected the revision.