Aloke Goswami vs Shuamal Kumar Bose

I.A. Ansari, J.—By making this application u/s 482 Cr.PC, the petitioner, who is the accused in the Complaint Case No. 637c/94 u/s 448/506/325/392, IPC, has sought for quashing of the complaint.

Briefly stated the complaint, which is under challenge in the present revision reads thus : On 20.8.1994, at about 12 noon, while the complainant was having his meals at his house, the accused-petitioner entered into the house of the complainant, started beating the complainant causing injuries on his person and threatened to kill him. When the complainant raised hue and cry, the accused-petitioner fled away, but while so fleeing away, he snatched away from the possession of the complainant a cash amount of Rs. 330.

Based on the above complaint, Case No. 637c/94 under Sections 448/506/325/392 IPC aforementioned was registered in the Court of the Chief Judicial Magistrate, Tinsukia. The Complainant named two persons as witnesses and sought for issuance of processes under Sections 448/506/325/392 IPC.

Heard Mr. M.A. Sheikh, learned counsel for the accused-petitioner, and Mr. R.P. Singh, learned counsel appearing on behalf of the opposite party-complainant.

From a bare reading of the above complaint, it is apparent that the accused-petitioner, on 20.8.1994 at about 12 noon, allegedly entered into the house of the complainant, started beating the complainant with one bamboo stick causing injuries on his person, threatened to kill him and on hue and cry raised by the complainant, the accused-petitioner fled away, but while so fleeing away the accused-petitioner snatched away an amount of Rs. 330 from the complainant''s possession. The allegations, so made, disclose commission of cognizable offences.

It is not contended before me, on behalf of the accused-petitioner, that the complaint does not disclose commission of any offence. What is contended on behalf of the accused-petitioner before this Court is that the allegations made in the complaint are false. The truth, falsity and/or veracity of the accusations made in a complaint can be decided only by the Court, which is in seison of the complaint. It is trite that a complaint, if read as a whole, disclose commission of offence, such a complaint can not be quashed. On the veracity of the allegations made in the complaint I have consciously refrained myself from making any observations lest it affects the outcome of the complaint. Suffice it to mention here that in the face of the contents of the complaint no case for quashing of the complaint could be made out by the complainant. The revision wholly without merit and is therefore dismissed.

No order as to costs.

Send back forthwith the case record with a copy of this judgment.