ANIL SINGH BHADORIYA Vs. HEMANT SHARMA

JUDGEMENT

(1.) This petition has been preferred under Section 482 of Cr.P.C.for quashing the order dated 9.1.2012 passed by JMFC, Pohri in Private Complaint Case No.9/2012, whereby cognizance has been taken against the petitioners for the offences punishable under Sections 294, 147, 148, 149, 452, 323, 506- Part II of IPC.

(2.) Facts giving rise to this petition in brief are that complainant/respondent has filed a private complaint before the JMFC, Pohri alleging that on 14.11.2009 at about 9.00 AM Sweeper, posted in the Gram Panchayat, Krishnakunj, was brooming in front of the house of the complainant hastily causing the waste material towards the sister of the complainant. When she objected Sanjeev Singh started abusing to her, upon this complainant came outside the house and objected then Sanjeev Singh also abused the complainant. Thereafter, all the accused persons armed with Lathi and Balla entered into the house of the complainant and started beating to the complainant. Atul Singh gave Danda blow on the wrist of the complainant, Anil Singh gave blow by means of Balla and all the accused persons gave beating to complainant and his sister Madhu. When Pankaj came to save the complainant he was also beaten. On raising alarm Neetu Shukla and Girraj Shukla came there and intervene, then accused persons left the place by threatening the complainant. The complainant went to lodge the report of the incident but report was not registered, then complainant has made a complaint in writing to SDOP, Pohri, Supdt.of Police, Shivpuri and I.G., Gwalior, but no action was taken, therefore, private complaint has been filed by the complainant in the Court of JMFC, Pohri. The learned Magistrate has taken cognizance against the petitioners on the basis of the statements of the witnesses and the documents. Being aggrieved by the same petitioners have preferred this petition.

(3.) It is submitted by the learned counsel for the petitioners that the impugned order is illegal, arbitrary and against the principles of natural justice. No case is made out against the petitioners. It is further submitted that the respondent/complainant and his companions had caused injuries to Anil Singh and Sanjeev Singh for which Sanjeev Singh has lodged a report upon which crime No.176/2009 under Sections 451, 294, 323, 506- B/34 of IPC has been registered. It is prayed that the impugned order deserves to be quashed.