MADHU RANI Vs. PREM KUMAR AND ORS.

JUDGEMENT

(1.) The present petition has been filed under Section 482 of Code of Criminal Procedure, 1973 (hereinafter called Cr.P.C.) for setting aside the order dated 13.07.2005 passed by the Court of learned Sub-Divisional Judicial Magistrate, Dabwali in complaint case No. 149-1 of 2004, vide which the private complaint filed by the petitioner/complainant was dismissed and the order dated 06.07.2006 passed by the learned Additional Sessions Judge, Sirsa, vide which the revision petition filed by the petitioner has been dismissed. It has been further prayed that accused/respondents may be summoned to face trial for the offences punishable under Sections 323, 324, 452, 504, 506 read with Section 34 of Indian Penal Code. The brief facts giving arise to this proceedings are that on 31.07.2004 at about 6.00.p.m, the petitioner/complainant Madhu Rani alongwith her son Monu @ Kala and Rajesh Kumar @ Babbu were sitting in their courtyard and were talking to each other. The accused/respondents trespassed into their house and had come to take the possession thereof. Respondent No. 1 Prem Kumar said that they will take the possession of the house. Respondent No. 5 Manish Kumar gave a Danda blow on the neck of Monu @ Kala. Respondent No. 2 Madan Lal gave a Danda blow on the shoulder of her son. Respondent No. 1 Prem Kumar hit on the left leg of her son Monu @ Kala with a screw driver. She tried to rescue her son Monu @ Kala then, respondent No. 3 Gulzari Lal gave a Danda blow on her forehead and Prem Kumar hit her with a screw driver in the left side of her stomach. Mahender Kumar hit her twice with screw driver on her left arm. She raised alarm Mar dia' Mar dia' and then Karam Chand and Rajesh Kumar @ Babbu intervened to saved them. Otherwise they would kill them. While leaving the spot, the accused threatened them that today they have been saved, but they will kill them and left the place abusing them by the name of mother and sister. It is further pleaded that Prem Kumar fell on the ground, due to which he sustained injuries. Rattan Lal, the husband of the complainant who was present at his shop came to their house after incident and carried the complainant and her son to the Government Hospital, Dabwali, where they were medico-legally examined. It is further pleaded that Bablu, the son of the complainant was illegally detained by the police. She gave an application on 02.08.2004. The Court called the report from the police and the police in connivance with Prem Kumar registered a false case bearing FIR No. 145 dated 02.08.2008, under Sections 323, 324, 506, 34 of IPC. The motive for the occurrence is stated to be that the accused wanted to take the possession of the house, which had fallen to the share of the complainant. After getting the bail in the police case and obtaining the copies of their medico-legally reports, the complainant approached the police, but no action was taken. Hence the private complaint.

(2.) In order to prove the allegations, the complainant adduced her preliminary evidence. Learned Sub-Divisional Judicial Magistrate, Dabwali also called the report of the police under Section 202 Cr.P.C.

(3.) Learned Sub-Divisional Judicial Magistrate, Dabwali vide impugned order dated 13.07.2005 dismissed the complaint. The revision preferred by the petitioner against the order of learned Sub-Divisional Judicial Magistrate, Dabwali was also dismissed by the then learned Additional Sessions Judge, vide order dated 06.07.2006.