RAJESHWAR SAH Vs. LALAN SINGH

JUDGEMENT

(1.) THIS criminal revision application is directed against the order dated 24.1.1991 passed by Chief Judicial Magistrate, Muzaffarpur, in Complaint Case No. 1277 of 1990 dismissing the protest complaint petition of the petitioner under Section 203 of the Code of Criminal Procedure.

(2.) IT appears that the petitioner had filed a first information report regarding an occurrence which took place in the night of 21st/22nd October, 1989, at about 11.30 P.M. and on such report Hathauri P.S. Case No. 62 of 1989 was registered for the offences under Section 147, 323, 452, 380 and 307 of the Indian Penal Code (hereinafter referred, to as the Code). The allegations in the first information report were that the accused opposite parties came on the date and time of occurrence and got the shop opened by the father of the petitioner on the pretext that one Ram Bahadur Sharma had died and they wanted to purchase coffin. It was alleged that when the shop was opened the accused entered the shop of the petitioner, they assaulted the father of the petitioner and looted away five bundles of clothes, one radio (Delhi set), one patromax, two torches, two wrist watches and cash rupees four thousand. One Nagendra Sahni was also assaulted and injured in the incident.

(3.) IT has been contended by the earned Counsel for the petitioner that the learned Magistrate has discarded the evidence led on behalf of the petitioner on the ground that it was at variance with the evidence collected in the case diary. It is contended that such an order of the learned Magistrate was not in accordance with law and the learned Magistrate ought to have considered the evidence which was led by the petitioner in support of his protest cum complaint petition.