KRISHAN LAL Vs. SH GHANIYA

JUDGEMENT

(1.) THIS petition Under Section 482 of the Code of Criminal Procedure 1973 (for short, the Code) and under Article 227 of the Constitution of India has been filed by Krishan Lal for setting aside the order, dated 12-9-1975, whereby the complaint filed by him against Smt. Parvatu and 10 others Under Sections 323/504/506/430/ 147/149 IPC was dismissed. The petitioner has prayed for issue of a direction to the court below to proceed with the further enquiry of the case.

(2.) THE complaint as filed by Krishan Lal is that there is a water channel which irrigates the fields of the petitioner as also of the respondents in village Khajrota of Tehsil Arki. The petitioner's father has got a right to the extent of half share for taking the water for irrigating his land, whereas the other half share belongs to the other co-sharers.

(3.) IT is alleged that on 28th May 1974, the complainant had gone to his fields to water them. It is stated that while he was irrigating the fields, that in the meanwhile Smt. Parvatu one of the accused arrived at the scene and she diverted the course of the water of the channel. The complainant restrained her from doing so, but she did not abstain. On the contrary, she started hurling abuses on the complainant and in the meanwhile Ghaniya also came there and both the accused caught hold of the complainant and gave him beatings with fists and threw him down on the ground. Immediately after the other accused also arrived at the scene with a criminal intention to commit the offence and they also pounced upon him and that he was given severe beatings. After that on his cries his father, his mother and others reached there at the spot and extricated him from the clutches of the accused. Thereafter it is stated that he filed a report in the police station on 30th May, 1974. The police made an enquiry into the case but they did not put up the challan in the court. On the contrary, the accused persons who also apprehended that they would be prosecuted at the instance of the petitioner also filed a report with the police and in which the police after a probe put up a challan. Therefore, the petitioner filed this complaint for offences under the aforesaid sections on 10-7-1975.