Deo Naryan Thanvi, J. - (1.) Heard learned counsel for the parties.
(2.) It is true that in the statement of the complainant recorded under Section 200 Cr.P.C. and of the witnesses under Section 202 Cr.P.C., there is no specific mention of any words by any individual accused to put insult to the complainant with intention to provoke breach of peace nor there is any specific injury caused by any weapon. Even from the slip Ex.P-1 issued by the Doctor, no injury has been shown. Therefore, taking cognizance for offence under Sections 323 and 504 I.P.C. was not justifiable from the facts and circumstances constituted in the complaint and the statements recorded during preliminary enquiry before taking cognizance, of course offence under Section 352 I.P.C. is made out. Learned revisional Court while setting aside the order of taking cognizance has not taken into consideration the basic ingredients of offence under Sections 323 and 504 I.P.C.
(3.) Consequently, the impugned order passed by the learned Sessions Judge, Chum is set aside and the case is sent back to the learned Magistrate to proceed under Section 352 I.P.C. However, the observations of this Court for constitute of the offence under Section 352 I.P.C., is with regard to taking cognizance only. The revision petition is disposed of accordingly. Revision disposed of.;