KHUSHI RANI DAS Vs. ADHIR RANJAN KASHARI

JUDGEMENT

(1.) The challenge in this criminal revision petition is to the judgment dated 13.07.2017 passed by the learned Additional Sessions Judge, Gomati Judicial District, Udaipur in Case No. Criminal Appeal 20(02) of 2016 whereby he affirmed the judgment and order of acquittal passed by the learned Chief Judicial Magistrate, Gomati Judicial District, Udaipur by his judgment and order dated14.03.2016 in Case No.CR 44 of 2015 acquitting the respondents No.1 and 2 from the charges of offences punishable under Sections 427 & 506 read with Section 34 of the Indian Penal Code (IPC hereinafter).

(2.) The brief facts which have led to the filing of this revision petition are as under:

(3.) Since the information lodged by the complainant related to non-cognizable offence, such information was recorded in the general diary of the police station and thereafter the matter was endorsed to Sri Prabal Deb, a Sub-Inspector of police of Kakraban police station to report the matter to the jurisdictional Magistrate and seek permission for investigation in terms of sub-Section (2) & (3) of Section 155, Cr. P.C. After such permission was accorded to him, the investigating officer visited the alleged place of occurrence at Kushamara and noticed that some chairs were lying broken where the programme was allegedly organised. He seized those broken chairs from the place of occurrence, examined the material witnesses and thereafter submitted KKB PS prosecution report No.2525 of 2015 under Sections 427, 506 IPC against the accused respondents in the Court of the jurisdictional Chief Judicial Magistrate. Learned Chief Judicial Magistrate having perused the prosecution report took cognizable offence punishable under Sections 427 and 506 IPC against the respondents and summoned them to appear before the Court.