ADITYA SHARMA Vs. NAGAR PALIKA PARISHAD

JUDGEMENT

(1.) The applicants have preferred this petition for invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 (in short "Cr.P.C.") calling in question order dated 28/01/2013, passed by the Special Judge/Additional Sessions Judge, District Shajapur in Criminal Revision No. 182/2011 affirming the order dated 06/10/2010 passed by the Judicial Magistrate First Class, Shajapur in Criminal Case No. 921/2006, whereby the charges for offence under Sections 353 and 506 (II) of the IPC have been framed against the applicants.

(2.) The facts of the case which are relevant for deciding this petition are that on 19/07/2005, Bhupendra Gaur an employee of respondent No.1-Nagar Palika Parishad, Shajapur came to the applicants' house for demarcation and assessment of property tax, during this some dispute arose between them. Allegedly as per complainant-Bhupendra Gaur, he was abused and deterred from performing public duties. Complainant-Bhupendra Gaur made a written complaint against the applicants at police-station Shajapur, however, the police did not take any action on that report, then he filed a private complaint before the Court of Judicial Magistrate First Class, Shajapur. Thereafter, statement of the complainant and his witnesses were recorded under Sections 200 and 202 of the Cr.P.C.and after that vide order dated 12/04/2006, learned Magistrate has issued process against the applicants upon finding prima-facie case against them for the offence under Sections 353 and 506(II) of the IPC.

(3.) Feeling aggrieved by order of taking cognizance, a revision petition has been preferred by the applicants before the Sessions Court, which was registered as Criminal Revision No. 182/2011 and final order was passed on 28/01/2013, whereby the revision petition has been dismissed on the ground that the contentions raised by the applicants are in nature of defence, which is offered by the present applicants and it cannot be considered at this stage and it will be available to the applicants during the course of the trial.