SHEHJAD @ SEJAD Vs. RIPUDAMAN SINGH

JUDGEMENT

(1.) The petitioner/complainant has filed the present petition u/s. 482 of Cr.P.C. against the order dated 25.4.2019 passed by 7th Additional Sessions Judge, Indore whereby it has been held that there are no grounds to proceed against the respondent for the offence punishable u/s. 313, 315, 316 and 354 of the I.P.C., but there is sufficient material to proceed against him and two others in respect of offences punishable u/s. 452, 323, 506 and 509 of the I.P.C.

(2.) The present petitioner filed a complaint u/s. 200 of the Cr.P.C. against the present respondent/accused and two other unknown persons alleging commission of offence u/s. 452, 323, 313, 315, 316, 354, 506 & 509 of I.P.C. According to the complainant, she resides on the upper floor of House No.44, Beema Nagar, Indore. The accused resides in the ground floor of the same house. The husband of complainant is real elder brother of non-applicant/accused. The property dispute is going on between them. On 3.6.2012, the complainant was carrying pregnancy of 2 Â 1/2 months which was in the knowledge of accused. On the said date, at near about 2 pm., she was sitting in the room with her husband and daughter Sharmila. The accused who is younger brother of her husband, came with two unknown persons armed with gun and stick had forcibly entered into the room and started abusing her husband. He kicked on the stomach of the complainant, due to which, he fell down and bleeding has been started from vagina. Her husband tried to save her, but the accused gave him a blow of stick and threatened to kill, thereafter, they ran away. Her husband informed the police, the police came there and took them in the van. The complainant also went to the Police Station from where she was referred to M.Y. Hospital, Indore for treatment. Since her condition became very serious, therefore, she got herself discharged from M.Y. Hospital and shifted to Dayanand Hospital for further treatment. She remained under treatment till 7.6.2012. According to the complainant, due to the said incident, she suffered miscarriage of her child. The police did not take any action against the accused and other persons, therefore, complaint was filed before the learned JMFC.

(3.) In support of the complainant, she filed the documents relating to her treatment and examined herself as P.W.1; Vishwajeet Singh as P.W.2; Sharmila as P.W.3; Dr. Prakash Kharate as P.W.5; and Shivnarayan as P.W.6. On 18.11.2016, counsel appearing for the complainant made a request for calling the police-report. Accordingly, learned Judicial Magistrate, First Class (JMFC), Indore, directed the Police to submit the enquiry report. The police submitted the report on 28.6.2017 and thereafter, the complaint was fixed for arguments. Vide order dated 11.8.2018, learned JMFC has found that no offence said to have been committed by respondent/accused and dismissed the complaint.