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Judgment
In this revisional application under section 482 of the Code of Criminal Procedure, 1973 the petitioner, appearing in person, has prayed for quashing of
the proceedings in connection with the Aberdeen Police Station Case bearing FIR No.552/17 pending before the learned Judicial Magistrate First
Class-I, South Andaman District, Port Blair.
The petitioner has been charged under sections 392/323 of the Indian Penal Code. However, according to the petitioner, the FIR lodged by the
complainant does not disclose necessary ingredient for any offence being committed by him punishable either under section 323 or under section 392
of the Indian Penal Code. On this ground the petitioner seeks for quashing of the aforementioned criminal proceeding and the orders passed by the
learned Court below.
A copy of the revisional application has been served upon all the respondents but, none appears to contest this application. This appears to be due to
the fact that the advocates practising in this Court have resolved not to participate in the proceedings of this Court for the preset moment.
From the materials on record, I find that the charge sheet has already been filed against the petitioner and the matter is ready for trial before the
learned Court below. A copy of the FIR filed by the complainant against the petitioner has been disclosed.
It is settled law that all that this Court can see in this application under section 482 of the Cr.P.C is whether on perusal of the FIR, treating the
allegations to be correct, an offence is prima facie made out or not.
In the background of the above settled principle of law and having considered the FIR lodged by the defacto complainant, I am unable to accept the
contention urged by the petitioner that the FIR does not disclose the essential ingredients for an offence punishable under sections 392/323 of the
Indian Penal Code. Accordingly, this revisional application stands rejected.
It is submitted by the petitioner that he is due to appear in the Civil Services (Preliminary) Examination -2018 to be conducted by the Union Public
Service Commission in the first week of June, 2018 and he should be given a fair chance to appear in the said examination.
Considering such submission of the petitioner, the learned Judicial Magistrate First Class-I, South Andaman District, at Port Blair is directed to
consider any prayer made by the petitioner, if any, for adjournment of the trial of the case during the months of May and June, 2018.
The petitioner will be at liberty to appear in the Civil Services (Preliminary) Examination-2018 to be conducted by the Union Public Service
Commission from any seat at Port Blair.
With the above directions the revisional application, CRR No.007 of 2018 stands disposed of.