ORDER :

This Criminal Revision Case came to be filed, under Sections 397 and 401 of the Code of Criminal Procedure, 1972 (for short, “the Cr.P.C”) by the petitioner herein, who was the de-facto complainant (PW.1) in C.C. No.79 of 2009, challenging the order, dated 13.10.2006, in Crl.M.P. No.225 of 2016 in C.C. No.79 of 2009, on the file of the Court of Judicial Magistrate of First Class, Sidhout (for short, “the trial Court”), whereunder the learned Magistrate dismissed the Crl.M.P. No.225 of 2016, which was filed under Sections 216 and 323 Cr.P.C. with a prayer to add Section 307 of the Indian Penal Code, 1860 (for short, “the IPC”) and commit the case to the Court of Sessions.

2. The parties to this Criminal Revision Case will hereinafter be referred to as described before the trial Court, for the sake of convenience.

3. The facts, which are borne out by the record and which can be extracted here, for the purpose of this Criminal Revision Case can be summarized as follows:

Originally, the de-facto complainant gave a statement which was marked before the trial Court under Ex.P-1 to the concerned SHO, which came to be registered as FIR under Sections 147, 148 and 326 R/w.149 IPC. The V