MAMTA Vs. ASHOK AND OTHERS

JUDGEMENT

(1.) Mamta, the petitioner has brought this petition under the provisions of section 482 Cr.P.C., for setting aside the order dated 09.02.2012(Annexure P-4) passed by learned Judicial Magistrate Ist Class, Gurgaon, and judgment dated 07.06.2012 (Annexure P-6) passed by learned Sessions Judge, Gurgaon, respectively claiming that they are manifestly erroneous and illegal and for seeking directions to learned trial court for recording the evidence as per the list of the witnesses in the complaint.

(2.) The complainant has claimed in her complaint that on 07.12.2011 at about 4.30 PM she was alone at her house when Ashok and Anand sons of Sher Singh and their nephew Surender entered her house and started beating her. The complainant has further claimed that the accused also took away an amount of Rs.1,00,000/- out of a sum of Rs.1,13,300/- , which she had brought for the purpose of distributing pension. According to her, the accused had torn APR of pension lying at her house and while going away, they bolted the main gate of the house from outside. The complainant has then claimed that on her calls her Jeth Raj Kumar , a neighbourer Sudhir and her husband came and she was admitted to CHC, Farrukh Nagar for treatment, wherefrom ruqa was sent by the doctor and the police reached there and recorded her statement. She has then claimed that the police thereafter did not arrest the accused nor recovered the looted amount and when the complainant visited the police station, she was misbehaved with by accused nos. 3 and 4 and they even pressurized her to compromise the matter, on account of which she filed the complaint.

(3.) In the preliminary evidence, complainant herself appeared as CW-1 and tendering certain documents closed the same. Considering her evidence, learned Judicial Magistrate Ist Class, Gurgaon, vide order dated 09.02.2012 found no sufficient ground for proceeding against the accused and, therefore dismissed the complaint.