LAWS(HPH)-2019-11-257

POOJA KUMARI Vs. KAMAL NAIN KAUR

Decided On November 19, 2019
POOJA KUMARI Appellant
V/S
Kamal Nain Kaur Respondents

JUDGEMENT

(1.) Challenging a series of orders, including issuance of summons, passed by learned Chief Judicial Magistrate, Chamba, on a complaint by the victim against seven persons, arraigned as accused for barging into her house, after forming an unlawful assembly, and then assaulting, molesting, insulting and intimidating her, the accused No. 2 and 1, have come up before this Court, by filing this petition under Sections 397 and 401 of CrPC, on grievances that these orders are illegal, unreasoned, and without consideration.

(2.) The complainant alleged that the acts of the accused persons make out a case for commission of offences punishable under Sections 147 , 149 , 323 , 354 , 452 , 500 , 504 and 506 of the IPC, and sought their prosecution. Consequently Chief Judicial Magistrate, Chamba, HP, registered the complaint in its file as Private Complaint number 36 of 2017. The Petitioners are not challenging the veracity of allegations made by the complainant. Their grudge is the procedure adopted and the manner in which Ld. Chief Judicial Magistrate proceeded in the matter. Be that as it may, adjudication of present controversy does not need to embark a discussion on the credibility of the complainant and her witnesses.

(3.) Heard Mr. Rajiv Rai, Counsel for the Petitioners/Accused, Mr. Imran Khan, Counsel for the Respondent/Complainant, and Mr. Vijay Arora Advocate, who was appointed as Amicus Curiae vide order dated Sep 23, 2019, to assist the Court on propositions of law involved in the matter. I have also waded through the case file with utmost care.