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Judgment
Prafulla C. Pant, J.—This is Delay Condonation Application No. 733 of 2011, for condonation of delay in moving the Restoration Application MCRC No. 494 of 2011, for restoration of Criminal Misc. Application (C-482) No. 66 of 2011, which was dismissed for non-prosecution by this Court, on 20.05.2011.
Perused the affidavit filed with the delay condonation application. The delay condonation application is allowed. Delay is condoned.
Heard, on restoration application, and perused the affidavit filed with the application.
In view of the principle of law laid down in Madhumilan Syntex Limited and Ors. v. Union of India and Anr. 2007 AIR S.C.W. 1971, the restoration application is allowed, on the condition that the petition u/s 482 of Code of Criminal Procedure shall be heard on merits, today.
The Criminal Misc. Application (C-482) No. 66 of 2011 is restored to its original number.
Also, heard on the petition filed u/s 482 of Code of Criminal Procedure, on merits.
The first information report discloses that complainant who was a senior officer to the Petitioner Kirti Ballabh Bhatt, has lodged first information report that he was assaulted by the Petitioner, and got injured. After investigation, charge sheet has been filed against the Petitioner, in respect of offences punishable u/s 332/353 of I.P.C.
Learned Counsel for the Petitioner submitted that the first information report lodged by Respondent No. 2 was counterblast to the first information report lodged by the Petitioner against Respondent No. 2. However, it appears that after investigation, no offence is said to have been made out as against Respondent No. 2. The Petitioner has taken plea of innocence, and contended that it is a case of victimization at the hands of Respondent No. 2. Such pleas are factual in nature which can be examined by the trial court. It is not desirable on the part of this Court to interfere with the trial on the basis of disputed questions of fact.
Therefore, without expressing any opinion as to the final merits of the case, the petition u/s 482 of Code of Criminal Procedure, is hereby dismissed, on merits.