ASHARAM BAPU Vs. AMAN SINGH DANGI

JUDGEMENT

(1.) The present petition preferred under Section 482 of Cr.P.C. is directed against an order dated 19/6/2013 passed by the Judicial Magistrate First Class, Vidisha (M.P.) in R.T.No. No.1032/13, taking cognizance against the accused-petitioner for commission of offence punishable under Sections 294 and 323 of I.P.C.

(2.) The facts, in nutshell, just necessary for the decision of this petition are that complainant Aman s/o late Shri Amol Singh Dangi filed a private complaint against the present petitioner in the court of Judicial Magistrate First Class, Vidisha to register of offence under section 323, 294, 298 and 500 of I.P.C. It is mentioned by him that that on 4/2/2013, at the ground of Meda Mill, Civil Lines Vidisha, there was a religious programme arranged by the followers of the petitioner. In the said function, number of persons gathered to listen the lecture of the petitioner. The complainant with his friends also reached and attended the function. At around 10 o' clock, in night, when the function was over and the petitioner was likely to get down from the stage for sitting in the vehicle, the complainant went towards him and when he tried to touch the feet, the petitioner kicked him after abusing and thereafter proceeded in the vehicle. The complainant fell down and the persons collected nearby lifted him up to his house. Due to such an incident, the complainant suffered mental agony and was also made subject to social indignity. The whole episode was cached by the media and later on flashed in the daily news magazines. On 7/2/13, the complainant went to police station civil lines and submitted a written complaint for taking legal action in the matter, marked as Annexure-P/2. Thereafter, he again made a complaint as per Annexure-P/3, dated 20/3/13 in writing to the concerning S.P. of the district but when no action was taken by the police authority, he had to file a private complaint in the court. After recording and analyzing the statements of the complainant and his witnesses under Section 200 and 202 of Cr.P.C., the court prima facie found commission of offence under Sections 294 and 323 of I.P.C., hence, secured the present of the petitioner through issuing summons by registered A/d under the order impugned. Being aggrieved by the said order, the present petition has been filed.

(3.) Learned counsel for the petitioner argued that in view of the allegations made in the complaint as well as the statements recorded under sections 200 and 202 of Cr.P.C. of the complainant and his witnesses, prima facie, no case is made out against the petitioners for offence under sections 294 and 323 of I.P.C. It is further submitted that the incident in this case as per complainant occurred on 4/2/13 and after a period of three days, he approached the police authority, which shows that the complaint was made with some ulterior motive and some oblique motive in order to gain the publicity. Further in the written complaints made to the police vide Annexures-P/2 and P/3, the complainant has not mentioned about using abusive language by the petitioner against him. On the contrary, it is submitted that the complainant is having a criminal background. The documents marked as Annexure-P/8, P/9 and P/10 have been filed on record and were referred in support during the course of hearing. In view the aforesaid premised arguments, it is prayed that the order passed by the trial Magistrate is not sustainable in law and deserves to be quashed.