MOHAMMED UMAR AND ORS. Vs. MOHAMMED NISAR

JUDGEMENT

(1.) THIS is an application in revision filed by Mohammed Umar and 9 other petitioners against an order of the Judicial Magistrate No. 4, Jodhpur, dated March 6, 1982, by which process has been issued against all the petitioners for offences under Sections 452, 454, 428, 440, 147, 148 149 and 323, IPC in criminal complaint case No. 292 of 1982, and it was directed that their pergonal attendance in the court be enforced by issuing bailable warrants in the amount of Rs. 1000/ -.

(2.) THE relevant facts giving rise to this revision petition may be briefly stated as follows: Mohammed Nisar, non -petitioner, filed a complaint against Mohammed Umar and 9 other petitioners under Sections 452, 454, 428, 440 147, 148, 149 and 323, IPC. in the court of the Judicial Magistrate, No. 4, Jodhpur. it was alleged in the complaint that on January 11, 1982, at about 5 or 5 30 p. m. Mohammed Nishar complainant's son Swaleh, aged about 7 years, was playing outside his house. At that time a quarrel ensued betweenl Swaleh and the son of Mohammed Umar petitioner. In the course of quarre' the son of Mohammed Umar, petitioner, beat the son of the complainant with fists and slaps As a result of the beating, the complainant's son began to weep. On hearing his cries, the complainant, who was sitting in a room of his house, came out and saw his son being beaten by the son of Mohammed Umar. The complainant, thereafter, approached Mohammed Umar and lodged a complaint with him about the incident of beating. Mohammed Umar, thereupon, exchanged hot words with the complainant, who, after some lime, came back to his house. After a short while, when the complainant and his grand uncle were talking to each other, all the petitioners, having armed themselves with hockey -sticks and iron bars, came to the house of the complainant with an unlawful object to kill him and his grand uncle. The petitioners entered the house of the complaint and made a concerted attack on him. Mohammed Farook petitoner struck a blow on the head of the complainant with his hockey -stick, while Mohammed Yusuf, petitioner, inflicted a blow on his right hand. The other petitioners also began to beat the complainant with iron bars, slaps and fist blows. As a result of the beating, the complainant sustained multiple injuries on his body. While beating the complainant, the petitioners were saying that the former should be done away with. The complainant raised an outcry which attracted Abdul Hamid, Abdul Shakoor, Abdul Hakim Abdul Waheed and Abdul Sattar to the place of occurrence. These persons rescued the complainant. Mohammed Ramzan Patel, grand -uncle of the complainant, also intervened but he was beaten by the petitioners. The complainant and his grand -uncle were then taken to the upper storey of their house but the accused petitioners followed them and began to throw out goods and furniture of the complainant from his courtyard. Apprehending imminent danger to the life and limb of the complainant, and other members of the family, Ramzan Patel went to the rescue of the complainant and informed the police on telephone. Upon receiving information, the Flying Squad of police reached the spot without any delay and asked the complainant and his grand -uncle to accompany them to the police for making a first information report about the incident. The complainant and his grand uncle reached police station, Sadar Bazar City in the vehicle of the Flying Squad and reported the matter to the police but the Station House Officer asked them to first go to the Medical Officer for examination of their injuries. The complainant and his grand -uncle were then taken to the Mahatma Gandhi Hospital, Jodhpur, for medical examination. The Doctor examined the injuries of the complainant and advised admission of the latter into the hospital. The complainant, accordingly, was admitted to the hospital and remained there from January 11 to January 22, 1982, both days inclusive. The Doctor X -rayed the head injury of the complainant also and advised the latter to get himself admitted into the Mental Hospital. The complaintant was admitted into the Mental Hospital where he was treated for some time.

(3.) THEREAFTER , the complainantwas arrested in a criminal case instituted against him on the report of Mohammed Umar and was later on sent to judicial lock -up. As the police did not register a criminal case against the petitioners, the complainant filed the present complaint against them.