ALI AKBAR Vs. RASHIDAN BEGHUM

JUDGEMENT

(1.) Process issued by learned Judicial Magistrate, Ist Class (Munsiff), Billawar on respondent's Complaint under Sections 451, 323 & 147 RPC against the petitioners is questioned in this Petition on the ground that the Complaint had been filed with malafide intention to grab pathway and pressurize the petitioners to desist from prosecuting Police Challans arising out of FIR Nos. 19/2011 and 28/2010 registered at Police Station, Malhar. The respondent's Complaint is stated false and frivolous, in that, petitioner No.1, aged 96 years, who had lost all faculties of understanding and was otherwise bed ridden, could not be believed to have involved himself in the commission of offence(s) indicated in the Complaint. Involvement of petitioners-Safdar Ali, Din Mohammad and Hassan Din too is stated false in view of the Certificates placed on records showing their presence at their places of posting rather than at the alleged scene of occurrence on the reported date and time.

(2.) Learned counsel for the Complainant justified the process issued by the learned Magistrate on respondent's Complaint saying that the facts pleaded by the petitioners, being in nature of their defence, could not be taken into consideration, at this stage, to seek quashing of proceedings initiated on respondent's Complaint. According to the respondent's learned counsel, petitioner-Ali Akbar was not 96 years of age as projected by the petitioners. It was, however, not disputed that the petitioner was in his eighties.

(3.) I have considered the submissions of learned counsel for the parties and perused the Statements of respondent-Rashidan Begum and her witness-Sakina Begum recorded by the learned Judicial Magistrate before issuing process against the petitioners. Perusal of their Statements reveals that rather than disclosing the names of the persons and indicating the role played by each of them individually or collectively in the commission of alleged offence, the petitioner and her witness Sakina Begum have referred to them by saying that 'the accused' had attacked and beat the Complainant with fists and blows.