TARIQ RIYAZ Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The pivotal question that falls for determination in this revision is whether the learned first Additional Sessions, Bhopal is justified in affirming the order passed by the learned Chief Judicial Magistrate, Bhopal in Criminal Case No. 5495/96 whereby an application preferred by the Public Prosecutor under Section 321 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') was rejected.

(2.) Shorn of unnecessary details the facts leading to filing of the present revision are that on 20-6-96 the informant, a constable in the Traffic Police, was assigned to perform his duties near the crossing of Bhopal Talkies and when the petitioner tried to cross the road ignoring the red light signal he was detained by the informant. According to the prosecution there was a scuffle between the petitioner and the informant and in quite promptitude an FIR was lodged by the informant. After the criminal law was set in motion the investigating agency conducted investigation and after completing all other formalities placed the chargesheet in the competent Court for offence punishable under Sections 353,332 and 506 of the Indian Penal Code.

(3.) It is put forth in the revision petition which has been filed by the accused-petitioner that after the incident the petitioner had gone to report the matter at Shahjahanabad police station as he was abused by the constable who was on duty but at the police station with the intervention of senior police officials the matter was amicably resolved. Thereafter, the petitioner went to the hospital and got himself treated. While he remained assured that the controversy had been given a decent burial, chargesheet was submitted in respect of the aforesaid offences by the investigating agency.