MANSA RAM Vs. SITA DEVI

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. for quashing of complaint instituted on 15.1.1987 under Sections 323/504/452/148 and 149 IPC pending in the Court of Judicial Magistrate First Class, Mansa and the consequent proceedings arising therefrom.

(2.) THE petitioners have been summoned after recording the evidence of PW-1 Sita Devi, PW-2 Puran Singh and PW-3 Ramesh Kumar. The summoning order is a revisable order. When there is specific provision under Sections 397 and 401 in the Code of Criminal Procedure, under which a revision lies, then a petition under Section 482 Cr.P.C. is not maintainable. In this regard, reliance can be placed on Balabhadra Dash and another v. State of Orissa and others, 1991 Crl.L.J. 2457 in which his Lordship has held as under :-

(3.) EVEN otherwise, from the complaint as well as the averments made in the petition, there are disputed questions of facts with regard to malafide of the complainant, which cannot be decided by this Court in a petition filed under Section 482 Cr.P.C. Hence, this petition is dismissed.