PADMA MOHAN JAMATIA Vs. JHARNA DAS BAIDYA

JUDGEMENT

(1.) The present criminal revision petition has been preferred against the order dated 16.12.2017 passed by the learned Chief Judicial Magistrate, Gomati, Udaipur in case No. CR(CC)21 of 2017 wherein the learned Court has dismissed the complaint filed by the petitioner under Section 190 of the Code of Criminal Procedure for taking cognizance of the offence committed under Sections 153(a), 153(b), 504, 505 and 506 of IPC.

(2.) The facts, in a nutshell, are that one Sri Padma Mohan Jamatia filed a complaint petition under Section 190 of the Code of Criminal Procedure against the accused-respondent, Smt. Jharna Das Baidya that she, being a Member of Parliament and leader of the CPI (M) party, had delivered certain speech on 30.11.2017 at Karbuk under Gomati district. It has been alleged in the complaint that in the said speech, the accused-respondent threatened by stating, that after the 2018 assembly elections were over, the president of State BJP, Sri Biplab Deb and its Chief Campaigner, Sri Sunil Deodhar would not be in the State but the BJP party workers, being the people of the State, would remain in the State and they would have to face dire consequences.

(3.) The complainant has further stated that during her speech the said respondent also made some provocating remarks in the following terms: