VIJAY KUMAR Vs. RAMESH KUMAR

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. filed by the complainant-petitioner, seeking the quashment of the orders dated 10.5.1997 and 5.4.2001, passed by the learned Chief Judicial Magistrate and the learned Additional Sessions Judge, in the criminal complaint and revision petition respectively, filed by the petitioner.

(2.) THE petitioner had filed a criminal complaint against the respondents. Respondents No. 1 to 5 were sought to be proceeded, with regard to the occurrence, which had allegedly taken place on 22.5.1996. So far as respondent No. 6 is concerned, he is sought to be proceeded on the ground that when the matter was brought into the notice of the Police, no action was taken by the Police in this regard. An FIR No. 95, dated 23.5.1996 under Sections 323/324/452/506/34 IPC was registered against the petitioner side. It was alleged that various efforts made by the petitioner to get a case registered against respondents No. 1 to 5, proved futile.

(3.) THE learned counsel for the petitioner has submitted before me that a case under Section 325 IPC is also made out against respondents No. 1 to 5, but the learned Magistrate had summoned these respondents only for the offence under Sections 323/324/452/506/148/149 IPC. However, I find no force in these submissions of the learned counsel for the petitioner. No such point was raised before the learned Additional Sessions Judge, at the time of arguments in the revision petition. The petitioner cannot be allowed to raise this point for the first time, in these proceedings under Section 482 Cr.P.C.