SHAKUNTLA Vs. BRAHMA NAND

JUDGEMENT

(1.) PETITIONER , Shakuntla, has lodged formal F.I.R. No. 8 of 1992 in Police Station Farrukh Nagar on the basis of which a charge sheet was filed against Brahma Nand Parma Nand, Nite Nand and Sarda Nand under Sections 323/325/34 IPC and they were tried under the aforesaid sections. The Judicial Magistrate, Ist Class, Gurgaon had on 21.7.1998 acquitted the respondents of the charges framed against them and this has occasioned the filing of the present revision petition.

(2.) AT the time of arguments, on behalf of respondents, an objection was taken regarding the maintainability of the present revision petition on the ground that private party has no right to file the same in case which was instituted upon the police report in view of the law laid down in K. Chinnaswamy Reddy v. State of Andhra Pradesh and another, AIR 1962 SC 1788 wherein it was held as under :-

(3.) THUS in view of the above proposition of law and the fact that on going through the judgment dated 21.7.1998 nothing has been brought to my notice which would constitute a glaring defect of procedure or manifest error on the point of law, I feel that the objection taken by the respondents has got to be upheld. In this view of the matter, the revision petition has to be dismissed being devoid of merit. Order accordingly. Revision dismissed.