TARA DEVI Vs. STATE OF HARYANA & ORS

JUDGEMENT

(1.) Concisely, the facts, which need a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, are that, in the wake of statement of petitioner Tara Devi, a criminal case was registered against Hira Lal and others, private respondent Nos.2 to 5, by means of FIR, bearing No.223 dated 8.7.2006 (Annexure P5), on accusation of having committed the offences punishable under Section 323, 324 and 452 read with Section 34 IPC by the police of Police Station City Dabwali, District Sirsa.

(2.) The police submitted the cancellation report dated 25.10.2006 (Annexure P6). The petitioner was not satisfied with the cancellation report. She raised protest, stated that she was not satisfied with the police proceedings, desired to proceed with the matter and she has already filed a complaint against the accused persons in this relevant connection. In view of pendency of private complaint (Annexure P2), the trial Magistrate accepted the cancellation report, vide order dated 29.9.2007 (Annexure P7).

(3.) At the same time, the police proposed and submitted a calendra to prosecute the petitioner under section 182 IPC in the Court, by way of impugned report dated 17.4.2007 (Annexure P1).