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2016 Supreme(All) 1799

PRAMOD KUMAR SRIVASTAVA
SUKHBIR SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Arvind Kumar Singh for the Revisionist; A.G.A. for the Opposite Parties.

JUDGMENT :

Pramod Kumar Srivastava, J.

1. This revision has been preferred against the order dated 25.6.2016 passed by Special Judge (DAA Act) Additional Sessions Judge, Court No. 2, Etah in Complaint Case No. 27/2016 (Sukhbir Singh vs. Mohar Singh and Others), by which complaint case was dismissed under Section 203 CrPC.

2. The complaint case in brief was that Mohar Singh and Vinod, resident of village of complainant, had requested for loan of Rs. 9,000/-. Then on asking of complainant, his brother Jasbir had given said amount of loan to Mohar Singh and Vinod. But they had not returned amount of loan inspite of reminders. On 8.2.2016 at about 6:00 A.M. in morning complainant had sent reminder to Vinod and Mohar Singh for return of loan amount through Jasbir, which led to oral altercation. On same day, Vonod, Mohar and Smt. Sushma (wife of Vinod) had trespassed in the house of complainant armed with illegal fire arms, used filthy language and Vinod fired at complainant, but he escaped the fire. Then Mohar and Smt. Sushma had snatched money from the pocket of complainant. The report of this incident was not lodged in police, then complainant filed complaint case.

3. After accepting evid










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