The genuineness of complaints and the appreciation of evidence are crucial in judicial proceedings.

JUDGMENT :

SINDHU SHARMA, J.

1. This is a fourth round of litigation between the petitioners and the respondent. The case arises from the complaint filed by respondent-Dharam Chand in which the cognizance was taken by the learned Chief Judicial Magistrate, Udhampur. The complaint was filed on 03.05.2008 regarding occurrence that had taken place on the intervening night of 16/17th of November, 2007. The delay in filing the complaint is explained on the ground that after the occurrence, he was not feeling well and made a written complaint before the Chief Judicial Magistrate, Udhampur, which he forwarded to the Station House Officer, Udhampur under section 156(3) of Cr.P.C. for taking action. A photocopy of the complaint bearing stamp and signatures of the then Chief Judicial Magistrate is annexed with this petition.

2. The complainant filed application dated 15.12.2007 in the Court of learned Chief Judicial Magistrate, Udhampur, who directed In-charge Police Station, Udhampur to file status report. It also bears the stamps of the then Chief Judicial Magistrate and his signatures.

3. Another application was filed by the complainant on 08.02.2008 before the learned Chief Judicial Magistrate, the copy of which was also forwarded to the In-charge Police Station, Udhampur for submission of report, it also bears the official stamp and signature of the Chief Judicial Magistrate. Statements of the complainant-Dharam Chand and his brother Sham Lal were recorded on 03.08.2008 and the case was adjourned directing the Station House Officer, Udhampur to file status report in respect of complaint dated 20.11.2007.

4. After considering the contents of the complaint and statement of the complainant, besides the contents of the police report, the Court took cognizance and issue process under sections 324/404 RPC vide order dated 13.05.2008 against the accused Nos. 1 to 3. This order was challenged under section 561-A bearing No. 114/2008, which was allowed the order dated 13.05.2008, which was quashed by this Court vide order dated 02.04.2009 by directing as under:

“.............I therefore, allow this petition and set aside Order dated 13.5.2008. The Magistrates is directed to consider the matter a fresh on the basis of the material, which is available on the file. He is also required to take into consideration the report of the police. The parties are directed to appear before the trial court on 04.05.2009.”

5. The learned Chief Judicial Magistrate, Udhampur vide his order dated 30.06.2009, deferred the issuance of process and instead directed inquiry under section 202 Cr.P.C. This order was also challenged under section 561-A No. 147/2009, but this petition was dismissed by this Court vide order dated 05.10.2009 holding that:

“.......No process has been issued till date against the petitioner and petitioner has no locus to file this petition as he cannot be said in law to be an aggrieved person. After conducting of enquiry u/s 202 Cr.P.C. the ld. Judicial Magistrate has to consider the report and if he comes to the conclusion that there is material and evidence available for issuance of process, thereafter cause may accrue to the petitioner for challenging the same in accordance with law.

This petition is accordingly dismissed.”

6. The trial Court after hearing the counsel for the complainant vide order dated 19.10.2009, directed as under:

“.........Prima-facie there is sufficient ground to proceed against the accused for the commission of offences u/s 452, 323 and 426 RPC. The accused be summoned. Put up on 11.11.2009.”

7. The aforesaid order was also challenged by the petitioners in 561-A No. 46/2010 and this petition was allowed by this Court vide order dated 01.08.2013, Para 15 of which is reproduced below:

“15. In the given circumstances, this petition is allowed. Order passed on 19.10.2009 by learned Chief Judicial Magistrate, Udhampur, in File No. 7/Complaint filed by respondent is set aside. Learned Chief Judicial Magistrate, Udhampur, shall hear