NAGENDRA PRATAP SINGH Vs. HARMUKHRAI

JUDGEMENT

(1.) THIS is a revision -petition challenging the order of the Magistrate, directing issuance of the process to the applicant under sections 448 and 294 IPC on a complaint made by the non -applicant.

(2.) ON 21.5.1982, the non -applicant made a complaint against the applicant before the Court of Chief Judicial Magistrate, Raigarh for the alleged offence punishable under Sections 448, 294, 506, 355 and 166 I.P.C. The sum and substance of the complaint made to the Magistrate is that on 14.4.82 when the non -applicant, who is the President Police Union, Raigarh Branch, was holding a meeting along with other members of the Union, the applicant entered into the office and filthily abused. He further threatened them that he would see that Harmukhrai and Sharda Prasad, who is the Secretary of the Police Union, would be removed from service. In support of the complaint Sharda Prasad and Jainarayan were examined as witnesses.

(3.) ON appreciation of the evidence and the complaint, the Magistrate found that a prima -facie case is made out under sections 448 and 294 I.P.C. and therefore, directed issuance of process. On perusal of the complaint and evidence recorded before the Magistrate, I do not find any error committed by the Magistrate in issuance of process on the complaint made by the non -applicant.