HALKI BAI Vs. RAJENDRA KATIKEY

JUDGEMENT

(1.) APPLICANT /complainant has filed this revision against the order dated 7th December 2005, passed by Additional Sessions Judge, Mandla, in Criminal Revision No. 119/05, setting aside the order dated 6.1.2004, passed by Judicial Magistrate First Class, Mandla, in unregistered Criminal Case of 2004 (Smt. Halki Bai v. Rajendra Katikey and others).

(2.) IN short, the facts of the case are that complainant Halki Bai filed a complaint against respondents/accused No. 1,2,3 and 4 under sections 294, 323, 506/B, 420 and 500/34 IPC on the allegation that on 18.3.2003, at about 4:00 p.m. when she was cleaning her house, accused Pillu Gond obstructed her passage. When she objected to it, he abused her and told her that she was a witch (Dayan). He pushed her and also assaulted her. People of the neighbourhood came there and rescued her. It is also said that on 19.3.2003, when she went to police station to lodge a report, accused Rajendra, Sukhram and S. Kirkitta (Constables) did not hear her and demanded Rs. 500/ - as illegal gratification. Since no action was taken by the police, she filed complaint before the Court of Judicial Magistrate First Class, Mandla. Learned Magistrate, by order dated 6.1.2004, passed the order under section 156 (3) of CrPC and directed police to investigate the case after registering the FIR and to file charge sheet in the Court.

(3.) AGGRIEVED by the aforesaid order, passed by the learned Additional Sessions Judge, complainant/applicant Halki Bai has filed this revision on the ground that the order passed by the learned Magistrate was justified and police ought to have filed the charge sheet in compliance of the order passed by learned Magistrate under section 156 (3) of CrPC.