MOHINDER SINGH Vs. USHA CHAUHAN AND ANOTHER

JUDGEMENT

(1.) The petitioner is the complainant, who aggrieved by the acquittal of the respondent, has filed the instant revision petition.

(2.) Brief facts giving rise to the present revision petition are that the petitioner who was also Pradhan of Gram Panchayat, Grawag, visited the Tehsil Office at Kotkhai on 18.11.2011 and at about 4.00 p.m., accused-respondent No.1 came outside the Office and started staring at the petitioner. Upon this, the petitioner telephonically called SHO, Police Station, Kotkhai, who came to the Office of Tehsildar. As soon as, the petitioner along with SHO came out from the Office of Tehsildar to go to the police station, then respondent No.1 wrongfully restrained the petitioner to proceed further which constrained the petitioner to return to the Office of Tehsildar, however, respondent No.1 followed him and came to the Office of Tehsildar and assaulted the petitioner by catching hold of his neck and started pulling him outside the Office of Tehsildar. Respondent No.1 also threatened him to do away with his life. Thereafter, the petitioner moved an application Ex.PW1/A to the SHO, Kotkhai regarding this incident on the basis of which FIR Ex.PW6/A was registered and endorsement Ex. PW6/B was also made on the application. During investigation, the I.O. prepared site plan Ex.PW6/C and also recorded statements of the witnesses. After completion of the investigation, challan was presented against respondent No.1.

(3.) After filing of the challan, a prima facie case was found against respondent No.1 for commission of offence punishable under Sections 341, 352 and 506-II Penal Code and accordingly, respondent No.1 was summoned.