RENU SHARMA (SMT) Vs. ATUL BHARGAV

JUDGEMENT

(1.) This petition under section 482 of Cr.P.C., 1973 has been filed to assail the order dated 15/09/2016 passed by the First ASJ, Chhindwara in Criminal Revision No. 2500078/2016, wherein the order dated 03/08/2016 passed by JMFC, Chhindwara in Criminal Case No. 1206/2010 has been affirmed.

(2.) Brief facts of the case requisite for disposal of this petition are that, the petitioner is facing trial under Sections 427, 457, 323, 506-I read with Section 34 of IPC. In the complaint case, after the examination of the accused, petitioner filed an application for examining herself and calling Subodh Malviya, Head Constable in-charge of the Cyber Cell in the office of Superintendent of Police, Chhindwara to bring with him the details of Atul Bhargava Mobile No. 9826147899 to Mobile No. 9425306129, call details of Prashant Mobile No. 942469919 and Shiv Saxena Mobile No. 9425146706. The said application was disallowed by learned JMFC on 03/08/2016. The same was agitated in Criminal Revision No. 2500078/2016/16 was filed before First ASJ, Chhindwara, wherein the same has been disallowed on 15/09/2016.

(3.) Brief facts just necessary for disposal of this petition are that, criminal complaint case has been filed by Atul Bhargava against the petitioner and her mother Kusum Sharma on the ground that there was an agreement between the parties for running the Abhimanyu Hotel and 12 Cottages. The complainant was living in a room in that hotel. The accused No. 1 is the wife of the Director of the Abhimanyu Hotel Ltd. and mother of the accused No. 1. There was a dispute between them. After the order from the Court, the complainant was running the business of the hotel since 18/06/2007. When the complainant and his wife were sleeping in their room, on 14/02/2010 around the midnight, suddenly the accused persons entered into the room with four other members, who said to be police personnel wearing Khaki dress. The accused persons abusing the complainant by obscene words, damage the furniture's and caused loss about Rs. 15,000/-. They also threatened the complainant to vacate the hotel or else they will be dealt with and threatened of his life. At that time, the accused persons assaulted the complainant. The complainant rang up to Prashant and Shiv Saxena and called them. In presence of Prashant and Shiv Saxena also the accused persons uttered obscene words and threatened him of his life. With the intervention of Shiv Saxena and Prashant, the complainant and his wife could be saved. The accused persons also threatened complainant's wife of her life. On lodging complaint at police station, Kundipura, no report was lodged, therefore, a private complaint has been filed.