Point of Law: Attempt to Murder - Court while hearing the matter under Section 482 of Cr.P.C. at initial stage of trial, cannot examine and genuineness of the statement, allegation made in FIR.

ORDER :

1. The petitioner has filed this petition under Section 482 of the Cr.P.C. assailing order dated 20.12.2019 (Annexure P/1) passed by Additional Sessions Judge, Third Fast Track Special Court, Durg, District (C.G.) in Criminal Revision No. 186/2018 [S.K. Jain (Sunil Kumar Jain) Vs. Smt. Suman Unni] by which Revisional Court dismissed the revision petition filed by the petitioner and allowed the Criminal Revision No. 221/2018 filed by respondent No. 3-Smt. Suman Unni directing the Judicial Magistrate First Class to examine the complaint filed by respondent No. 3 for registration of offence under Section 307 of I.P.C. in light of contents of the complaint of Complaint Case No. 32213/2018 (Smt. Suman Unni Vs. Vijay Bahadur & others), primary evidence adduced by the respondent No. 3 and the material placed on record in Criminal Case No. 6383/2017 in case of State of Chhattisgarh Vs. Dilip Kumar Rai Choudhary & other.

2. The brief facts as projected by the petitioner are that the petitioner is a retired General Manager, Town Services Department, Bhilai Steel Plant. The respondent No. 3 herself is claiming to be social activist. On 07.10.1992, the Estate Officer passed order (Annexure P/4) under Section 7(2) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 against A.S.C. Bose, Smt. Renuka Nair & K.N. Premnath directing them to vacate Shop No. 154 and unauthorized additional land admeasuring 229 sq.ft. situated at Zonal Market, Sector-10, Bhilai Nagar, Durg (C.G.). The illegal occupants have also filed an appeal before the District & Sessions Judge, Durg which was dismissed as withdrawn by Smt. Renuka Nair & K.N. Premnath, thereafter, Smt. Renuka Nair filed a Civil Suit No. 137A/2004 for grant of interim injunction of the same property, which has also been dismissed vide order dated 17.04.2014 (Amnnexure P/7) by learned First Civil Judge Class-1, Durg, District-Durg (C.G.).

3. On 11.10.2013, the Estate Officer issued a notice (Annexure P/12) to respondent No. 3 to evict the premises and for taking possession over the property. The Estate Officer has issued guidelines for taking possession from the unauthorized occupant-respondent No. 1, which caused enmity between petitioner and the respondents and other officers of Bhilai Steel Plant. On 25.04.2014, the Estate Officer has conferred power to the Assistant Manager (Enforcement), Bhilai Steel Plant (Annexure P/3) for execution of the order of eviction and to remove the illegal occupants, steps have been initiated to disconnect electricity of the premises.

4. The learned counsel for the petitioner would draw attention of this Court FIR No. 213/2014 dated 25.04.2014, which was registered on the basis of complaint made by Enforcement Officer against K.N. Premnath, His Daughter, Smt. Suman Unni & another at Police Station-Bhilai Nagar, District-Durg and he would submit that when the Senior Estate Manager went to disconnect the electricity of shop on 25.04.2014, K.N. Premnath and his family, who have illegally occupied the said land, have made and attempt to kill the employee who was disconnecting the electricity, has dashed the stairs with his Scorpio vehicle bearing registration No. CG 07 8700, where the employee climbed on stair to disconnect to the electricity. Due to dash against the stairs, the employee fell down and sustained injury, thereafter, Premnath has assaulted him with stick. The employee has sustained injuries, as such, FIR for committing an offence under Section 294, 506, 323, 34 of I.P.C. was registered against them.

5. K.N. Premnath has also lodged FIR No. 212/2014 against officers of Enforcement department of Bhilai Steel Plant, Vijay Bahadur Singh, Dilip Rai Choudhary, K.S. Durgesh, Raju, Shrikant & others alleging that they have abused them and they have also beaten his daughter, when neighbour Smt. Suman Unni came to rescue her, then they have also beaten her which has caused injuries, therefore, FIR was registered against them for committing of