JUDGMENT :

1. Through the instant petition filed under Section 561-A Cr.P.C., petitioner seeks quashment of the judgment/order dated 30.01.2017 passed by the learned Principal Sessions Judge, Udhampur in file No.44/Revision titled Rattan Lal Vs Ashwani Kumar and others, whereby the criminal revision petition filed by the petitioner against the judgment/order dated 18.12.2015 passed by the learned District Judicial Mobile Magistrate, Udhampur, has been dismissed. Petitioner also seeks quashment of the judgment/order dated 18.12.2015 passed by the learned District Judicial Mobile Magistrate, Udhampur, in file No. 67/complaint titled Rattan Lal Vs Ashwani Kumar and others whereby the complaint filed by the petitioner under Sections 323, 324, 341, 325, 332, 504, 506 and 458 RPC has been dismissed.

2. The case of the petitioner is that on 09.04.2014, the petitioner along with his son were taking dinner when at about 9.00 PM, the respondents came in 4-5 vehicles including one Bolero and started shouting and abusing him and his family members. The respondent No.2 started pelting stones on the petitioner and his family members; one of the stones hit the petitioner on his forehead and he suffered injuries. The petitioner shouted and his wife ran towards the house of brother of the petitioner, namely Sh. Bishan Dass to call him. It is stated that the petitioner and his son were beaten by the respondents with fist and kicks. The petitioner became unconscious. One person namely, Sh. Mukesh Kumar S/o Sh. Parshotam R/o Sunderbani, who is relative of the petitioner had come to his house who had also seen the occurrence. Sh. Veer Chand S/o Sh. Ramu who is next door neighbor of the petitioner had also come on spot and has also seen the occurrence. The brother of the petitioner Sh. Bishan Dass went in his Car to Police Post Khoon and 4 police officials including one Sub Inspector came on spot. Thereafter the police directed the petitioner, his son Sh.Ashok Kumar and brother Sh. Bishan Dass to accompany so that the petitioner could be medically examined who had sustained injuries and for providing the treatment to him. It is further stated that after medical examination of the petitioner, the police took him, his son Sh. Ashok Kumar and his brother Sh. Bishan Dass in custody. It is submitted that neither report in the Daily Diary (Rozmancha) was registered in the Police Post Khoon nor any FIR was registered by the Police Station, Majalta against the petitioners.

3. Learned counsel for the petitioners states that at the time of occurrence respondent No. 2 Sh. Abey Kumar was the Sarpanch of Panchayat Halqa Amala and respondent No. 5- Manohar was the Judicial member of the said Panchayat. It is stated that instead of registering the case against them, the petitioner, his son and brother were detained in a false and frivolous case. On 15.04.2014, they were released on bail by the learned Chief Judicial Magistrate, Udhampur. After releasing on bail, the petitioner requested the police to lodge the FIR against the respondents, but they declined to do so. He, therefore, filed an application under Section 156 (3) Cr. PC before the learned Chief Judicial Magistrate, 1st Class, Udhampur which was forwarded to District Mobile Magistrate, Udhampur who directed the SHO Police Station Majalta to investigate the matter. But police neither lodged the FIR nor the investigation was conducted by the police.

4. Learned counsel for the petitioner further contends that in the above said circumstances the petitioner filed a criminal complaint under Section 202 Cr.P.C against the respondents for committing the offences under Sections 323/324/341/325/332/504/506458 RPC in the court of learned Chief Judicial Magistrate, Udhampur which was transferred to the learned District Judicial Mobile Magistrate, Udhampur for disposal. The learned District Judicial Mobile Magistrate, Udhampur took the cognizance of the case and initiated the proceedings under Section 202 Cr.P.C and dire