MAMTA GURJAR Vs. POOJA KUSHWAH

JUDGEMENT

(1.) The instant petition has been filed under Sec. 482 of the Cr.P.C. against the order dtd. 27/5/2025 passed by Sessions Judge, Sheopur in Criminal Revision No.3/2025 by which the order dtd. 10/2/2025 passed by JMFC, Sheopur in Criminal Case RCT/95/2024 has been affirmed.

(2.) Brief facts of the case are that the complainant Pooja Kushwaha presented a written complaint before the trial court that on 12/10/2019 at about 04:30 pm, the complainant's brother Dhirendra was coming on his motorcycle and Devendra Sharma was sitting behind him on the motorcycle, when the accused persons standing a little ahead of village Partwada surrounded Dhirendra and they hurled filthy abuses. When Dhirendra refused, the accused asked them to check the papers of the vehicle, then Dhirendra said check the papers, why are you abusing. Accused No. 1 slapped Dhirendra on his right cheek saying that he is acting like a leader too much, today we will see you, then Dhirendra said why are you beating him, then accused No. 1 slapped him again, accused No. 1 took a stick from accused No. 2 and 3, accused No. 2 and 3 caught hold of Dhirendra, then accused No. 1 hit Dhirendra with two sticks on his left thigh and one stick on his right thigh, which caused redness and a small injury. Accused No. 2 and 3 the accused/petitioner to take him to the police station and hang him upside down, then accused No. 1 took the brother of the respondent No.1 in the vehicle to Bargawan police station and took him to the police station and in the police station, after taking off his pants, shirt and vest, abused him, beat him with sticks and locked him in the lock-up and said that today we will encounter him. Devendra informed his family about the incident. Dhirendra's sister/complainant/Pooja, was at Dhirendra's home, while his mother, father, and brother were at the farm. When Pooja arrived at the police station and saw her brother Dhirendra in the lockup and his injuries, she asked accused No. 1 why she had assaulted her brother. "File a report," she said, "or she would complain to superiors." Accused No. 1 began abusing her and threatened to beat her with a stick. When the complainant told her, "You're a woman also and don't use obscene language," accused No. 1 abused her, grabbed her face, and slapped her four or five times on the cheek, resulting in injuries. She also hit her with a stick on her left hand, left knee, and left leg, with a stick on her left elbow, and with a stick on her chest and body. The assault caused the complainant to fall to the ground. The accused pulled off her dupatta and threw it away. Then Ravi Khare, with ill intention, bite on her shoulder and mouth.

(3.) The complainant and her brother, Dhirendra, were harassed at the police station from that evening. Due to Dhirendra's injuries and his groaning in pain, the three accused took him to the Community Health Center, Karahal, after midnight. He underwent an MLC (Medical Inspection) and returned to the police station. Due to the complainant's extensive injuries, she was treated at Sanjivani Hospital, Baran, and her treatment is ongoing. When the complainant's mother attempted to speak with the accused, they spoke rudely to her and threatened to ruin her life. The complainant's mother, Premlata, informed the Superintendent of Police, Sheopur, about the incident, but no action was taken. Again, on 22/10/2019, an application was given to SP Sheopur and a complaint was sent by registered post to the Home Ministry, DGP, IG and Chairman Human Rights Legal Cell, but as no action was taken against the accused on the complaints, the charge sheet was presented in the court of Judicial Magistrate First Class Sheopur.