KANHAIYA LAL AND ANOTHER Vs. LAKHAN LAL DUBEY

JUDGEMENT

(1.) The applicants/complainants, have filed this revision being aggrieved by the order dated 25.3.2009 passed by the First Add. Sessions Judge, Tikamgarh in Criminal Revision No.233/08 whereby allowing such revision till the extent of respondent Lakhan Lal Dubey, the order dated 1.10.08 passed by JMFC, Niwari in Criminal Case No.754/08 (filed by the applicants as private complainant) taking cognizance against the respondent and other co-accused for the offence of section 294,323,392,427,436,458 and 506-II of the IPC, has been affirmed against all other accused except the present respondent. As such, till the extent of respondent the aforesaid order of the trial court has been set aside and modified while such order has been affirmed by dismissing the revision of other co-accused.

(2.) Having heard at length, keeping in view the arguments advanced by the applicants counsel, I have carefully gone through the complaint filed by the applicants/complainants along with the evidence led by them under section 200 and 202 of the Cr.P.C and also the order of the trial court as well as the impugned order of the revisional court.

(3.) As per case of the present applicants complainants, some quarrel alleged2 incident took place in the village between the complainants party and the party of the other co-accused, except the respondent, against whom also the cognizance of the alleged offence was taken by the trial court for which complainants went to the police station to lodge the report where as per allegation, their report was not registered by the respondent who was posted as S.H.O. of such Police Station. As per further allegation, subsequent to the aforesaid earlier incident of the quarrel, the impugned incident took place in the village. At that time, the respondent Lakhan Lal, being SHO of the Police Station was present in the village and did not protect the complainants and their property from the co-accused. In that regard a report in writing dated 26.9.07 was also sent to the senior police officials on behalf of the complainants but no action was taken by any of the authority against the respondent. In such premises, prayer for taking the cognizance of the alleged offence along with the other co-accused against the respondent was made in the impugned complaint.