LAWS(HPH)-1995-5-17

MS. GURBAX SINGH Vs. LT. GENERAL H. KAUL

Decided On May 17, 1995
Ms. Gurbax Singh Appellant
V/S
Lt. General H. Kaul Respondents

JUDGEMENT

(1.) The present Petitioner preferred a complaint under Ss. 376/493/494/420/498 -A/500 IPC against the present Respondent. The trial Magistrate, after recording the preliminary evidence came to the conclusion that there were sufficient grounds to proceed against the accused, Lt. General H. Kaul (Retd.), under Sec. 493/420 IPC only.

(2.) The present Petitioner as well as the accused assailed the aforesaid order of the trial Magistrate whereby the accused was ordered to be sued for the commission of offences under Ss. 493/420. However, the impugned order for which the trial Court had declined to proceed against the accused under the remaining Ss. of law was held to be justified by the learned Sessions Judge and, therefore, the revision petition which was preferred by the complainant, was dismissed while the revision petition which had been preferred by the accused was allowed and, accordingly, the complaint was ordered to be dismissed.

(3.) The present petition under Sec. 482 of the Code of Criminal Procedure has been preferred by the complainant assailing the aforesaid order passed by the learned Sessions Judge(Forest) Shimla on various grounds.