ALEXANDER ALIAS A.D. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition of revision is directed against the order, dated Nov. 25, 1982 by the Additional Sessions Judge No. 2, Kota whereby he allowed the revision petition of the complainant Raghvendra Nath Chaturvedi against the order, dated, April 23, 1980 of the learned Magistrate discharging the accused petitioner Alexander of the offence punishable under Sections 451, 323/34 IPC.

(2.) I have perused the order of discharge passed by the learned Magistrate and the order reversing the order of discharge, passed by the learned Additional Sessions Judge. In my opinion, the learned Additional Sessions Judge had no valid ground to interfere in the order of discharge passed by the Magistrate. It is true that according to the statements of Raghvendra. Nath Chaturvedi, Sohanlal and Harimohan recorded under Sec. 161 Cr. P C. Alexander was found by them present at the time when the co-accused tried to force their entry into the complainant's house. Sohan Lal and Harimohan saw Alexander running away from the scene of the occurrence. At best, therefore, from the complainant's point of view, one may hold that Alexander was present along with the co-accused at the the time of the occurrence. But this alone will not suffice in bringing home to Alexander the charge of house-tress pass and causing hurt. In any case it was not a fit case for the learned Additional Sessions Judge to interfere in the the exercise of his revisional jurisdiction and set aside the order of discharge.

(3.) I would accordingly allow this revision petition and set aside the order of the learned Additional Sessions Judge and instead restore the order of discharge passed by the learned Magistrate.