RASHID AHAMED Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) It is true that in the statement of the complainant recorded under Sec. 200 Crimial P.C. and of the witnesses under Sec. 202 Crimial P.C., there is no specific mention of any words by any individual accused to put insult to the complainant with intention to provoke breach of peace nor there is any specific injury caused by any weapon. Even from the slip Ex.P-1 issued by the Doctor, no injury has been shown. Therefore, taking cognizance for offence under Sections 323 and 504 I.P.C. was not justifiable from the facts and circumstances constituted in the complaint and the statements recorded during preliminary enquiry before taking cognizance, of course offence under Sec. 352 I.P.C. is made out. Learned revisional Court while setting aside the order of taking cognizance has not taken into consideration the basic ingredients of offence under Sections 323 and 504 I.P.C.

(3.) Consequently, the impugned order passed by the learned Sessions Judge, Chum is set aside and the case is sent back to the learned Magistrate to proceed under Sec. 352 I.P.C. However, the observations of this Court for constitute of the offence under Sec. 352 I.P.C., is with regard to taking cognizance only. The revision petition is disposed of accordingly. Revision disposed of.