ROOPA Vs. PURAN

JUDGEMENT

(1.) THIS is a criminal revision and has been directed against the order dated 28.8.1997, passed by the Court of Additional Sessions Judge, Faridabad, who set aside the order dated 20.11.1996 vide which the learned Magistrate found a prima facie case against the petitioner u/ss. 148, 452, 379 and 506 IPC, read with Section 149 IPC.

(2.) SHRI Roopa filed a complaint against the petitioner on the allegation that he had purchased two plots, one from Bishandas and the other from Badal S/o Umrao and constructed his house on the said plots and he had been in possession of the said house since 1966. It was alleged that the Gram Panchayat had instituted a civil suit for permanent injunction against him in the court of Assistant Collector Ist Grade, Ballabgarh, which was dismissed, on account of that Puran, Sarpanch, was on inimical terms with him and he had threatened him with dire consequences. The complainant further alleged that on 2.10.1989 at about 8 A.M., Puran accompanied by other accused entered his house and attacked him. All the accused started abusing and gave beatings to him and his wife with fist and lathi blows and his household articles were forcibly taken away by the accused. It was further alleged by the complainant that the occurrence in question was witnessed by Cheti, Duli and Radhey. The matter was brought to the notice of the police but no action was taken against the accused. Hence this complaint was instituted.

(3.) THE learned Magistrate after considering the statements and after recording his reasons in para-7 of the order dated 30.11.1996, came to the following conclusion in para-8 of the order :-