LAWS(MPH)-2012-3-102

ANNU ALIAS ANIL Vs. RAJESH

Decided On March 28, 2012
ANNU ALIAS ANIL Appellant
V/S
RAJESH Respondents

JUDGEMENT

(1.) WITH consent, the matter is finally heard. 1. This is a petition, under Section 482 of the Code of Criminal Procedure, for a direction to issue process against all the three respondents. In this regard, the petitioner is aggrieved by order dated 28.10.2010 passed by Sixth Addl. Sessions Judge, Sagar,in Criminal Revision No.195/2010, affirming rejection of his complaint against the respondents in respect of the offences punishable under Sections 147,148,149,294,323,324,307 and 392 of the IPC.

(2.) THE complaint was filed on 31.8.2009, impleading as many as 7 persons including the respondents as accused. However, in view of the fact that after due investigation, charge-sheet for the offences under Sections 294,506B and 307 read with 34 of the IPC had already been submitted by the police against the other 4 persons arraigned as accused in the complaint, learned Magistrate proceeded to ascertain whether sufficient grounds for initiating action against the respondents for all the offences, existed. The question was answered in the negative for the reasons recorded in the order-dated 16.8.2010, that formed subject matter of the revision.

(3.) A bare perusal of the order-dated 16.8.2010 (supra) would reveal that the complaint was dismissed for the following reasons -