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Judgment
Sabina, J.—Petitioner has filed this petition u/s 482 of the Code of Criminal Procedure, 1973 challenging the order dated 29.09.2010 (Annexure P-2). I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record available on the file carefully.
In the present case, prosecution story, in brief, is that Dalip Singh, Junior Engineer had moved an application before Secretary, Municipal Committee that on 17.05.2007, he had gone with the Secretary as well as Accountant Daulat Ram to Sub-Divisional Office, Charkhi Dadri along with record pertaining to purchase of electric goods. Petitioner snatched the record from the complainant and while leaving, he threatened the complainant as well as Subash, (Secretary) with dire consequences.
In the present case, the Trial Court vide order dated 16.01.2009 had discharged the petitioner in FIR No. 107 dated 17.05.2007 under Sections 353, 186 and 506 of the Indian Penal Code, 1860 registered at Police Station City Dadri. The Court of Revision while allowing the revision petition filed by the State held that as per the prosecution case, petitioner had snatched the relevant record from the complainant and had threatened the complainant. The said act of the petitioner was not part of his official duty. Hence, at this stage, petitioner could not have been discharged.
The reasons given by the Court of Revision while allowing the revision petition are sound reasons and do not call for interference. Accordingly, this petition is dismissed. However, it is clarified that anything observed by the Court of Revision, while allowing the revision petition, would not effect the merits of the case at the time of its final disposal.