J.J. Munir, J. - (1.) Heard Sri K.K. Rao, learned counsel for the revisionist and Sri Shyamdhar Yadav, learned A.G.A. along with Sri Avanish Shukla appearing for the State.
(2.) This revision has been filed from an order of the Chief Judicial Magistrate, Ghaziabad dated 30.03.2018 in case no.8223 of 2018 (State Vs. Vipin Tyagi and others), arising out of case crime no.1937 of 2017, under Sections 323, 324, 506 IPC, Police Station Indirapuram, District Ghaziabad rejecting an application carrying a prayer made at the stage of cognizance that cognizance be further taken in relation to an offence under Section 307 IPC also.
(3.) The facts giving rise to this revision are that a First Information Report was lodged by the revisionist against opposite parties nos.3 & 4 and one unknown offender on 17.12.2017 at 14.11 hours registered as case crime no.1937 of 2017, under Sections 323, 324, 506 IPC, Police Station Indirapuram, District Ghaziabad. It is said in the first information that when the revisionist was returning home after a meeting with his son at the Court, and, was proceeding beyond the crossing at the Mohan Nagar Bridge towards Vasundhara, his brother-in-law (wife's brother), Vipin Tyagi and father-in-law Subhash Chandra and another Om Prakash Tyagi, who is the father-in-law of the revisionist's brother-in-law, besides an unknown person alighted from a vehicle bearing registration no. DL-2CAH-2665 and waylaid him. He was battered and threatened that if he ever came back again to Court to see his son, he would be done to death along with his son.;