Indian Penal Code, 1860
Sections 323 & 352—Order taking cognizance of complaint and issue of process—Challenged—Matter travelled upto the High Court and the High Court also declined to entertain and rejected the application filed by appellant under Section 482 of CrPC—Appeal—Plain reading of complaint fails to disclose commission of any cognizable offence—None of ingredients to constitute the offence punishable under Section 323 or Section 352 of IPC are disclosed—It appears to be nothing but some personal outburst or grudge on the part of complainant against the appellant—Impugned order passed by the High Court is set aside so also the order passed by the Magistrate taking cognizance and issuing process—Appeal allowed.
[Paras 13 to 16]
Decision : Appeal allowed