HANSRAJ Vs. TEJ PAL AND OTHERS

JUDGEMENT

(1.) The contour of the facts and material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record is that, initially the petitioner-complainant Hansraj son of Gajraj (for brevity "the complainant") has filed a private criminal complaint (Annexure P-3) against the respondents-accused for the commission of offences punishable under Sections 148, 149, 217, 323, 354, 452, 506 IPC and Section 27 of the Arms Act.

(2.) Sequelly, the trial Magistrate taking into consideration the preliminary evidence brought on record by the complainant, summoned respondent Nos.1 to 7-accused, to face the trial for the commission of offences punishable under Sections 323, 452, 354 read with Section 149 and 506 IPC, but refused to summon them under Section 217 IPC and Section 25 of the Arms Act. However, the trial Court did not summon Vijaypal, SHO and Lajja Ram, ASI(respondent Nos.8 and 9), by means of impugned order dated 15.10.2010(Annexure P-2).

(3.) Aggrieved thereby, the revision petition filed by the complainant, was dismissed as well by the Revisional Court, by virtue of impugned judgment dated 17.01.2013(Annexure P-1).