JUDGEMENT
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(1.)This application under Section 482 of the Code of Criminal Procedure, 1973 (for brevity, the 'CrPC'), has been filed by the applicants for assailing the order dated 28.4.2014, passed
by the First Sessions Judge, Guna in Criminal Revision No. 97/2013, whereby the order dated
20.3.2013 passed in Criminal Case No.501/2013 by Judicial Magistrate First Class (JMFC) Guna for taking cognizance on the private complaint filed by the respondent No.2 has been affirmed.
(2.)The facts of the case which are relevant for deciding the present application are that the respondent No.2 made an information to the Police Station Cant,
District Guna regarding the alleging commission of offence punishable under Sections 147, 148, 149,
447, 323, 294, 506-B of Indian Penal Code, 1860 (for brevity, the 'IPC'), however the police did not act in furtherance to the complaint prompting the present applicants to take recourse to the remedy
of filing complaint under Section 200 of the Code of Criminal Procedure, 1973 (for brevity, the
'CrPC') before the competent court of JMFC, Guna.
(3.)The complaint was presented on 28.6.2011 before the Chief Judicial Magistrate, Guna. Thereafter the statement of the complainant as well as other witnesses called by the complainant were recorded
to enable the concerned Magistrate to consider taking cognizance on the complaint. After recording
the statement, Chief Judicial Magistrate Guna vide its order dated 20.3.2013 issued process against
the present applicants upon finding prima facie case for the offence punishable under Sections 147,
148, 294, 323 IPC and in alternative Sections 323/149 and Section 506 Part-II of IPC.
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