The evidence presented must be credible and not self-contradictory for the issue of process to be considered.

JUDGMENT :

DEEPAK GUPTA, J.

By way of this petition filed under Section 482 CrPC, petitioner prays for setting aside the order dated 03.09.2021 (Annexure P3) passed by ld. JMIC, Dabwali, Sirsa, dismissing the complaint No. COMI/71/2017 filed against respondents No.2 to 4 to prosecute them under Sections 323, 324, 326, 452, 504, 506 and 34 IPC without summoning them. Also under challenge is the order dated 17.01.2023 (Annexure P5) passed by ld. Sessions Judge, Sirsa in CRR-87-2021, dismissing the criminal revision against the aforesaid order dated 03.09.2021.

2. On perusal of the paper book, it emerges that complainant in question (Annexure P2) was filed by the petitioner to prosecute respondents No.2 to 4 on the allegations that on 25.11.2016 at about 9.00 PM, respondents No.2 to 4 armed with lathi, kappa and knife respectively, came to his house, started abusing him and caused injuries with their respective weapons. It was also alleged that on making noise by him, his wife Sukhjit Kaur came and tried to save him, but accused attacked her also causing injuries. Jaspal Singh and Sukha @ Randhir Singh reached there on hearing commotion, at which respondents No.2 to 4-accused then fled away with their respective weapons. Complainant and his wife were got admitted to the Government Hospital, Dabwali for treatment. Statement was given to the police by the complainant, but no action was taken. It was alleged that to the contrary, the accused-respondents No.2 to 4 in collusion with the police lodged an FIR No.324 dated 26.11.2017 under Sections 147/148/149/307/427/506 IPC and Section 25 of the Arms Act, in Police Station Sadar Dabwali against the complainant-petitioner, his wife Sukhjit Kaur and others.

3. After recording preliminary evidence, ld. JMIC dismissed the complaint vide impugned order dated 03.09.2021 (Annexure P3). On the revision filed by the petitioner, the same was dismissed by ld. Sessions Judge, Sirsa vide order dated 17.01.2023 (Annexure P5).

4. It is contended by ld. counsel that both the Courts below failed to appreciate the legal position regarding the conditions to be taken into consideration for dismissal of the complaint filed for summoning and punishment to the accused, as the Courts did not appreciate the fact that several injuries had been caused to the petitioner and his wife by respondents No.2 to 4, which are duly reflected in and corroborated by the medical evidence. Copies of the medico legal reports along with the Xray reports are Annexures P6 to P9. The Courts disbelieved the testimony of injured and eyewitnesses, which was corroborated by the medical evidence. Though the police had recorded the statement of the petitioner, while he was admitted in the hospital and later on he and his wife had approached the police several times and made various representations, but no action was taken, as police was hands in glove with respondents No.2 to 4 and at their instance, lodged the false FIR. The Courts below also failed to consider that even in the report under Section 202 CrPC filed by the police in the Court of ld. JMIC, it never came that petitioner had got into any kind of physical fight with respondents No.2 to 4 or caused any hurt to them or that in that fight, complainant himself got hurt. Ld. counsel has also referred to Shivjee Singh Vs. Nagendra Tiwary and others, 2010(3) RCR (Criminal) 466, so as to contend that only prima facie evidence is required to be seen at the time of considering the issue of process and even the person charged of an offence in complaint might have a defence and that the matter is required to be left to be decided by an appropriate form at an appropriate stage. With these submissions, prayer is made for setting aside the impugned orders and to issue appropriate direction to the Courts below.

5. Upon notice to the private respondents, they made appearance through their counsel and contested the petition, by submitting that cogent reasons have been given by Courts below so as to