RAGHUBIR SINGH vs PARDEEP SINGH

This petition under section 561-A Cr.P.C. seeks quashing of criminal complaint filed against the petitioners by the respondent as also

the order dated23-12-2013, whereby the learned Magistrate after taking cognizance in the complaint has issued process against petitioners

for proceeding against them for commission of offence under Sections 451, 323 & 504 R.P.C.

Mr. Ajay Bakshi, learned counsel for the petitioners argued vehemently   that cognizance in the complaint has been taken  and

process against them has been issued by the learned Magistrate without application of mind inasmuch as the impugned order does notÂ

show that learned Magistrate has accorded consideration to the role played by each of the petitioners (accused)Â in the alleged incidentand

satisfaction as contemplated under Section 204 Cr.P.C was not recorded.  Learned counsel relied upon a judgment of this Court in Ali AkbarÂ

and others vs. RashidanBeghum, 2012 (3) SLJ 872.

It was alleged in the complaint filed by the respondent that on 22-122013 allthe three petitioners, with a common criminal intention

trespassed into the house of respondent and started beating and hurling the filthy abuses on him. His mother tried to intervene but in

vain and the petitioners left his house only after some persons, who too are named in the complaint, came on spot and intervened. TheÂ

learned trial court recorded initial statements of the respondentand one witness, namely,Suneet Kumar, who is named in the complaint and after

finding sufficient grounds for proceeding against the petitioners for commission of aforementioned offences by them ordered issuance of

process against them.

The impugned order passed by the learned trial court refers in detail to the averments in complaint and the preliminary statements.  The

order cannot be said to have been passed without application of mind.   Given the nature of the alleged incident, nothing more can be

expected to have been explained by the respondent (complainant) in the complaint or through preliminary statements. The legal position is

well stated in the judgment (supra) relied upon by the learned counsel for the petitioners but cannot help petitioners’ case, having regard

to the facts of the case and the order passed by the learned Magistrate.

Viewed, thus, this petition has no merit and is dismissed.