PARWATI BAI Vs. STATE OF M P

JUDGEMENT

(1.) Heard.

(2.) A perusal of order dated 25.10.2017 reveals that cognizance has been taken against Dinesh, Kailash, Pooja, Neeraj and Badki under the provisions of Sections 324, 323, 294, 341, 354, 354B, 394, 506B, 427 read with Section 34 of the Indian Penal Code (for short 'IPC') on a complaint filed by petitioner Parvati Bai. Copy of such complaint has been enclosed by petitioner Parvati Bai as Annexure P/4.

(3.) It is not in dispute that petitioner Parvati Bai had approached the Police Station Kotwali on 02.04.2016, where a report in regard to non-cognizable offence was lodged against Kailash. The allegation in the report was that on 02.04.2016, when complainant Parvati Bai was returning from hospital alongwith her younger son Ajay, then close to Bajaria Chowki, she had met Kailash Yadav. Because of old report, he started abusing her and was preparing to beat her when she left the place alongwith her son, and thereafter approached the Police alongwith her husband and Guru Bhai Tilak Singh Kushwah. In this report, there is no mention of name of other accused persons except Kailash, but a private complaint was filed under the provisions of Sections 324, 323, 294, 341, 354, 354B, 394, 506B, 427 read with Section 34 of IPC against five named persons and three unknown persons. In this regard, statements of prosecutrix were recorded and she gave her statements on 22.08.2016 under Section 200, Cr.P.C. and in her first para, she narrated that on 02.04.2016, close to Bajaria Chowki, Kailash had met her and had abused her. At that point of time, she had elaborated the specific abuses, which were hurled by Kailash to the effect that he had said that why she is roaming around and he will throw her and then she had caught hold of her hand and had tried to pull her clothes, and thereafter, he had run away on his vehicle. In paragraphs 2, 3 and 4, she has only narrated about the incident which had taken place on 06.01.2016 and has not said anything about the incident which had taken place on 02.04.2016.