LAWS(RAJ)-1996-8-34

RAMESH KUMAR Vs. SUSHILA SRIVASTAVA

Decided On August 13, 1996
RAMESH KUMAR Appellant
V/S
SUSHILA SRIVASTAVA Respondents

JUDGEMENT

(1.) This revision petition arises out of the order dated 14-8-1986 passed by the learned Sessions Judge, Churu in Criminal Revision No. 86/85, whereby, the order dated 20-11-1984 of learned Judicial Magistrate, Churu was set aside and the complaint filed by the petitioner under Section 353 and 504, IPC was dismissed.

(2.) Brief facts giving rise to this revision petition are that the petitioner Ramesh Kumar filed complaint on 30-6-1983 against the non-petitioner under Sections 353, 332, 323 and 504, IPC with the allegations that on 2-6-1983 at 11.30 a.m. he was called by the non-petitioner in the office and immediately started abusing him and said that your father had filed several complaints against her and she will not relieve him. She caught him and pushed down. Shri Ramchandra S/o Shri Kali Charan Sharma, Assistant Teacher, Govt. Higher Secondary School, Churu and Shri Kheevaram, Junior Lecturer Govt. Higher Secondary School, Churu who were sitting in the office saw this incident and he was picked up by them and sent out of the office. Shyam Lal was also present at that time. S.H.O., Churn and S.D.M., Churu came with the force and the matter was reported to them but they did not take any action. On the other hand the petitioner was arrested by them. He also gave a report to S.H.O. but he refused to register the same under the influence of S.D.M. Churu. The petitioner is employee in the non-petitioner's office. It has been also stated in the complaint that the petitioner's father had sent complaints about the work and behaviour of the non-petitioner and, therefore, the non-petitioner started harassing the petitioner.

(3.) Learned Judicial Magistrate recorded the statement of petitioner Ramesh Kumar and the witnesses Hira Lal, Ram Chandra and Shyam Lal under Sections 200 and 202, Cr. P. C. and by the impugned order took cognizance for the offences under Sections 353, 504, IPC and ordered to issue summons. The non-petitioner preferred revision petition against the said order of Learned Judicial Magistrate and revision petition was accepted dismissing the complaint against which now this revision petition has been filed in this Court.