Sandeep Mehta - (1.) By way of this petition under Section 482 Cr.P.c., the petitioner has approached this Court for challenging the order dated 24.11.2012 passed by learned Judicial Magistrate (First Class), Sumerpur in Cr. Case No. 919/2013(1359/2012) whereby the learned Magistrate refused to take cognizance against the petitioner for the offence under Sections 341 and 323 IPC but proceeded against him for the offence under Section 504 IPC as well as the order dated 3.6.2015 passed by learned Addl. Sessions Judge, Sumerpur affirming the order passed by the learned Magistrate in a revision preferred by the petitioner.
(2.) Learned counsel Mr. Sharma submits that in the entire statement of the complainant recorded under Section 200 Cr.P.C. there is not even a whisper of an allegation that the petitioner abused him with intention of provoking breach of peace. The complainant's statement only indicates that the petitioner already continued to slap him for 15 minutes. He urges that for proceeding in a complaint case, the complainant has to lead evidence under Section 200 and 202 Cr.P.C. disclosing the necessary ingredients of the offences alleged and then only the accused can be proceeded against. He urges that as there is no allegation of the complainant regarding the petitioner abusing in the incident, apparently the offence under Section 504 IPC cannot be held to be made out. Thus, he implores the Court to quash the impugned orders.
(3.) Per contra, learned P.P. and the learned counsel for the respondent vehemently opposed the submissions advanced by learned counsel for the petitioner. They urge that though the complainant did not specifically allege in his statement recorded under Section 200 Cr.P.C. that the petitioner hurled abuses at him thereby provoking him into towards breach of peace but as per them, the statements of the witnesses examined in the inquiry under Section 202 Cr.P.C. do indicate such set of events. They thus urged that the material available on record discloses the necessary ingredients of the offence u/s. 504 IPC and hence this Court should not be persuaded to interfere in the impugned orders by exercising its inherent powers under Section 482 Cr.P.C.;