PREMWATI Vs. CHAND & ORS

JUDGEMENT

(1.) The matrix 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, petitioner-complainant Premwati, wife of Murari Lal (for brevity "the complainant") has filed the private criminal complaint. The Chief Judicial Magistrate recorded her preliminary evidence. Thereafter, while exercising his power u/s 202 Cr.PC, he sought the police report, where the police concluded that the allegations levelled by the complainant in her complaint are not confirmed. Then, the Court further sent the matter for enquiry to Additional Deputy Commissioner, Rewari, who has also reiterated that the allegations contained in the complaint were found to be false. Ultimately, the trial Magistrate summoned respondents-accused Shri Chand son of Shimbhu & others for the commission of offences punishable u/ss 147, 148, 325, 452, 506, 394, 427 and 120-B IPC, by virtue of summoning order dated 18.8.2009 (Annexure P1).

(2.) Sequelly, the respondents-accused filed the revision petition, which was dismissed by the revisional Court, by way of order dated 14.11.2009.

(3.) Likewise, the respondents-accused still did not feel satisfied and initially preferred the petition, bearing CRM No. M-11254 of 2010, which was accepted, the original summoning order dated 18.8.2009 (Annexurre P1), the order dated 14.11.2009 of revisional Court, were set aside and the matter was remitted back to the trial Magistrate, by means of order dated 13.10.2011 (Annexure P2) by a Coordinate Bench (Augustine George Masih, J.) of this Court.