KISHAN LAL MEENA Vs. JOGA RAM

JUDGEMENT

(1.) This revision petition has been filed by the petitioner Kishan Lal against the order dated 23.7.2013 of Additional Chief Judicial Magistrate, Khetri in complaint No. 26/2012, whereby the trial Court dismissed the complaint filed by the complainant-petitioner.

(2.) The court below vide order dated 23.7.2013 dismissed the complaint filed by the complainant petitioner.

(3.) Mr. S.R. Surana, Sr. Advocate assisted by Mr. A.K. Bhargava has argued that the Court below has committed material illegality while not considering the statements of complainant and other ladies recorded under Section 200 Cr. P.C. While making enquiry under Section 202 Cr. P.C. the site plan prepared clearly shows that there is no encroachment in any way and the location is showing the position of the house of the victim. Sheeshram and Jai ram, who are the independent eye-witnesses in this case but their statements have been completely ignored and entire complaint has been dismissed observing that there are contradictions in their statements. Dhapli, who is 72 years old, received injury as per her statement. This has been ignored along with medical evidence in this case. Dhapli was admitted to the SMS Hospital from 9.6.2012 till 17.6.2012 on account of injury on the survical region. It has also been stated that during the course of enquiry under Section 202 Cr. P.C. a site plan was prepared by Additional S.P. on 24.7.2012 which has also been completely ignored. The case was at the stage of taking cognizance. At the state of framing of a charge, probative value of the material on record cannot be gone into and the materials brought on record by the prosecution has to be accepted as true at that stage. The rulings cited by the complainant has not been considered while rejecting the complaint. It was prayed that the rejection of complaint deserves to be quashed. The manner adopted by the trial Court in this matter is resulting in grave miscarriage of justice.