VIJAY CHANDLA Vs. PARVEEN CHANDLA

JUDGEMENT

(1.) This revision petition is directed against the order dated 29 -9 -1999 passed by the learned Additional Chief judicial Magistrate, Shimla in criminal complaint No. 144/2 of 1995/94.

(2.) The facts leading to the presentation of the present petition, in brief, are that the petitioner/ complainant (hereafter referred to as the petitioner1) filed a complaint against the respondents/ accused (hereafter referred to as the respondents) for the commission of offences punishable under section 498 -A. 355. 506. 509 and 109 of the Indian Penal Code. After recording preliminary evidence, the learned trial Magistrate directed issuance, of process against the respondents under sections 498 -A, 355, 506 and 509 read with section 109 of the Indian Penal Code. After the presence of the accused had been secured, the learned trial Magistrate vide order dated 27 -2.1995 directed production of pre -charge evidence on 15.1.1996. However, on the date so fixed the Presiding Officer was on leave and thereafter the effective date for recording pre -charge evidence was fixed for 10 -81999. However, no evidence was produced on the date so fixed and the case Was adjourned for 29.9.1999 for pre -charge evidence. Again, on 29.9.1999 neither the petitioner was present nor pre -charge evidence was produced/ summoned. The learned trial Magistrate, therefore, held that the petitioner had failed to lead pre -charge evidence despite opportunities and had been absenting repeatedly and thus there being no pre -charge evidence, the respondents were discharged. Being aggrieved, the petitioner has preferred the present revision petition.

(3.) I have heard the learned counsel for the parties and have also gone through the records.