JOGI RAM Vs. MAN SINGH & ORS

JUDGEMENT

(1.) The contour of the facts, culminating in the commencement, relevant for deciding the instant petition and emanating from the record, is that, initially, in the wake of complaint of petitioner-complainant Jogi Ram (for brevity "the complainant"), a criminal case was registered against the respondents-accused, vide FIR No.37 dated 28.1.2007, for the commission of offences punishable under sections 323, 392 & 452 read with section 34 IPC by the police of Police Station Pundri, District Kaithal.

(2.) During the course of investigation, the police did not find any material and the offence punishable u/s 392 IPC was deleted, whereas, after the completion of the investigation, the police submitted the final police report (challan) against the accused to face the trial under sections 323 and 452 read with section 34 IPC in the trial Court.

(3.) At the same time, the petitioner-complainant also filed a private complaint (Annexure P1) against the respondents-accused in regard to the same very incident (subject matter of FIR), adding the offences punishable under sections 392 and 218 IPC. The Trial Court dismissed the complaint, by virtue of impugned order dated 12.7.2010 (Annexure P3).