ASHOK REDDIWAL Vs. M. MORIS BABU AND ANOTHER

JUDGEMENT

(1.) Cognisance under section 504 IPG was taken by the learned trial court against the non-petitioners M. Moris Babu Dy. S.P. and his gunman Dhan Raj Meena Belt No. 664. The revisional court quashed the cognisance and allowed the revision of the non-petitioners vide its order dated Dec. 13, 1995. Against this order the present action for filing the revision has been resorted to.

(2.) A complaint under section 324, 504 and 341 Penal Code was filed by the complainant petitioner (for short the complainant) against the accused non-petitioners (for short the accused) in the trial court stating therein that on Feb. 21, 1994, Barat of his younger brother Dhirendra Rediwal after completion of marriage ceremony proceeded back from Kota to Ramganj Mandi. When groom, bride and other members of marriage party returned from the temple of Mataji at Alaniya, they found some police personals inflicting fist blows with the drivers of the vehicles. When father of complainant intervened the accused Dy. S.P abused him and rushed him to the ground. Gun Man of Dy. S.P aimed pistol at the complainant. Learned Magistrate after recording the statements of the complainant and his witnesses took cognisance under section 504 Penal Code against the accused persons. The revisional court set aside the cognisance on the ground that no offence under section 504 Penal Code was ex-facie made out and also that sanction under section 197 Cr.PC. was not obtained before instituting the complaint.

(3.) I have heard the rival contentions and carefully perused the record of the case and authorities cited at Bar.