Alakh Prakash and Others vs Janki Prasad and Another

Uma Nath Singh, J.

Heard the learned Counsel for the parties and perused the records.

This criminal revision impugns the order dated 10-4-2002 passed by the learned Special Judge, Chhatarpur framing charges against the applicants in a complaint case No. 31/2001 for offences under Sections 147, 323/149, 294/149, 506 -II/149 and 392/149, IPC, apart from a charge also u/s 3(1)(x) of the SC/ST (Prevention of Atrocities) Act.

On a due consideration of submissions, so also from the documents filed with criminal revision, it appears that the complainant''s case is primarily based on his statement and that of his wife Laxmibai. The learned Trial Judge has framed the charges on having found, prima facie, materials against the applicants. As the impugned order does not suffer from any legal infirmity leading to miscarriage of justice, I am not inclined to interfere with the same which has been passed in terms of the ratio-pertinens of the judgments of the Hon''ble Apex Court in the matters of (i) Smt. Om Wati and Another Vs. State, through Delhi Admn. and Others, ; (ii) State of Delhi v. Gyan Devi [AIR 2001 SC 40); (iii) State of Haryana v. Surinder Kumar, (2000) 10 SCC 337 and (iv) Umar Abdul Sakoor Sorathia Vs. Intelligence Officer, Narcotic Control Bureau, . This Court refrains from making any comments on merits lest it may prejudice the case of either of the parties during trial.

Accordingly, the criminal revision is hereby dismissed.