SHALINI SOOD Vs. ARTI SHARMA

JUDGEMENT

(1.) THIS petition is instituted against the order dated 26.12.2013 passed by the Chief Judicial Magistrate, Shimla in case No. 55 -2 of 2012. "Key facts" necessary for the adjudication of this petition are that the respondent has filed a complaint against the petitioner before the Chief Judicial Magistrate, Shimla under Section 156(3) of the Code of Criminal Procedure for registration of FIR against the petitioner. According to the petitioner, learned Chief Judicial Magistrate instead of ordering of registration of FIR has converted the complaint under Section 200 of the Code of Criminal Procedure and has framed the charge against her. The Chief Judicial Magistrate has already recorded the statements of CW -1, CW -2 and CW -3.

(2.) IT can be gathered from the statement of CW -1 that she was given beatings and threatened by the petitioner. Her version has been corroborated by CW -2 and CW -3. The Chief Judicial Magistrate, on the basis of statements of CW -1, CW -2 and CW -3 has rightly framed the charge against the petitioner on 26.12.2013 under Sections 323 and 506 of the Indian Penal Code. Prima facie, commission of cognizable offence is made out on the basis of material placed on record.

(3.) THEIR Lordships of the Hon'ble Supreme Court in Satish Mehra v. State (NCT of Delhi) and another, : (2012) 13 SCC 614 have held that extraordinary power under Section 482 of the Code of Criminal Procedure has to be exercised carefully and sparingly. Their Lordships have held as under: