- (1.) Present revision has been preferred against the dated 15.9.2010 passed by Chief Judicial Magistrate, Hamirpur in criminal complaint case no. 992 of 2010,Hari Ram Dwivedi Vs. Mukesh Dwivedi, by which complaint was dismissed under section 203 Cr.P.C.
(2.) Complainant Hari Ram had moved an application under section 156(3) Cr.P.C. with averment that he and accused Mukesh, Rajendra, Chhiddu, Anil and Banwari are resident of same village Chandaukhi, district Hamirpur. On 23.8.2009 he was out of station and came back on 25.8.2009 at 3:00 p.m. when he opened the lock of his house and entered, he found that all locks and doors were broken and house hold things were scattered. He had informed this to his brother, relatives and other neighbours, then Hari Saran, Chhanga, Arvind, Ghasita and other neighbours informed that on 24.8.2009 at 6:00 p.m. his family members Mukesh, Rajendra, Chhiddu and neighbours Anil and Banwari were seen on roof of his house, and at that time they had held bags in their hand, which contained the stolen ornaments and cash of complainant. Then complainant had gathered a meeting of elders and relatives on 26.8.2009, in which, before Panchayat accused persons had accepted their guilt and compromised to return cash and ornaments. But they had not returned ornaments. Then this matter was informed in police station by complainant but no action was taken. In his application complainant has mentioned three golden ornaments, four silver ornaments and Rs. 1600/-, which were stolen.
(3.) Application of complainant under section 156(3) Cr.P.C. was registered as complainant case, in which complainant has examined him under section 200 Cr.P.C. and examined two witnesses Arvind Dwivedi and Brij Lal under section 202 Cr.P.C. and also submitted some documentary evidences. Then after affording opportunity of hearing on point of summoning, the court below had found the absence of any prima facie case for taking cognizance against proposed accused and dismissed the said complaint case under section 203 Cr.P.C. by impugned order. Aggrieved by it, present revision has been preferred by complainant.;