KISHORI LAL Vs. AJMER SINGH

JUDGEMENT

(1.) KISHORI Lal (petitioner herein) through this Criminal Revision No. 391 of 1996 has challenged the order of discharge dated 15.2.1996 passed by Additional Chief Judicial Magistrate, Rewari discharging ASI Ajmer Singh of GRP, Rewari and others in complaint case titled Kishori Lal v. ASI Ajmer Singh of GPR in complaint under Sections 323/225/355/417 read with section 149 Indian Penal Code. The case laid by Kishori Lal against ASI Ajmer Singh and others before the Additional Chief Judicial Magistrate, Rewari was as follows :-

(2.) AFTER holding preliminary inquiry into the allegations made in the complaint, Additional Chief Judicial Magistrate, Rewari vide order dated 18.1.1993, found that there were sufficient grounds to proceed against ASI Ajmer Singh and others accused under Section 323/325/417 read with Section 149 Indian Penal Code. He found sufficient grounds to proceed against Manoj accused under Section 406 Indian Penal Code. Accused were summoned. After examination the evidence led by Kishori Lal in the presence of the accused, the Magistrate vide the impugned order found that there was no evidence against the accused warranting the framing of charge against them. We found that the framing of charge would be groundless and an exercise in futility as no conviction would be possible on the evidence led by the complainant before him and he accordingly discharged them all.

(3.) I have heard Shri H.S. Gill, Sr. Advocate assisted by Shri G.S. Gill, Advocate for the petitioner and Shri D.V. Gupta, Advocate for respondents 1, 2, 3 and 5 and Shri R.S. Sihota, Advocate for respondents 4, 6 and 7, and have gone through the record.