BRIJPAL SINGH Vs. PRAMOD KUMAR

JUDGEMENT

(1.) The petitioner has filed this petition, invoking extra ordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, being aggrieved by order dated 4.2.2010 passed in criminal revision No. 11/2009 whereby order dated 30/7/2008 passed by learned Judicial Magistrate First Class, Beohari in criminal case No. 604/2004 (State of Madhya Pradesh Vs. Pramod Kumar) for withdrawing the prosecution under Section 321 of Cr.P.C. was affirmed, prays for quashment of orders passed by the Courts below.

(2.) The facts, in short, giving rise to this petition are that on 21.9.2004 there was quarrel between petitioner and respondent No. 1, a report was lodged by one Ram Kumar Patel, friend of the petitioner. On the basis of that first information report, a criminal case was registered against respondent No.1 Pramod Kumar under Sections 294, 323, 506-B/34 of IPC. Respondent No.1 also lodged a report against the petitioner for the same incident on 21.9.2004 and criminal case was registered against the petitioner under Sections 342, 294, 323, 506-B/34 of IPC and after investigation, petitioner was charge sheeted for the offence under Sections 147, 148, 149, 294, 323, 324, 342/34 & 325 of IPC and respondent No.1 was charge sheeted for the offence under Sections 294, 323 & 506-B/34 of IPC and trial was pending as criminal case No. 604/2004 (State of Madhya Pradesh Vs. Pramod Kumar). Since both criminal cases were the counter cases of each other, however, on 30/7/2008, A.D.O.P. (Prosecutor) moved an application under Section 321 of Cr.P.C. and same was allowed by Judicial Magsitrate First Class, Beohari and respondent No.1 was acquitted to the aforesaid charges alleged against him. Being aggrieved, petitioner filed a revision before the Sessions Court and same was dismissed vide order dated 4.2.2010. Hence this petition.

(3.) Despite service of notice, none appeared on behalf of the respondent No.1.