RAM MEHAR SINGH KUNDU Vs. DINESH @ DAANI

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the criminal complaint No. 622/1.3.2011 (Annexure P-1) under Section 323, 506 of the Indian Penal Code ('IPC' for short), titled as Dinesh @ Daani Vs. R.S.Kundu and the summoning order dated 31.10.2012 (Annexure P-2) and further proceedings arising therefrom.

(2.) Petitioner has submitted that the complaint in question had been falsely filed against him. In fact, the petitioner had been repeatedly attacked by the complainant. After hearing the petitioner, I am of the opinion that the instant petition deserves dismissal.

(3.) The case of the complainant, as per the complaint (Annexure P-1), in brief, is that on 1.1.2011, complainant was present at the place of his work. Petitioner told the labour working under the complainant that he wanted to get the cover of his sewer repaired. Contractor told the petitioner to give the material to the complainant being Supervisor and further told that he will repair the same. Petitioner got angry and said that sewer be got repaired by the contractor with his own material otherwise he would beat them. Thereafter, the petitioner started using filthy language qua the complainant and hit him on his left side of the neck. Petitioner also pushed the complainant and gave him kick blows. The complainant had been recently operated and a rod had been inserted in his neck and foot. In the meantime, Naresh came to the spot and rescued the complainant.