WASIF AND ORS Vs. STATE AND ANR.

JUDGEMENT

(1.) Petitioners, impleaded as accused in a complaint filed by the respondent No.2, Mohd Shamim, under Sections 307, 436 and 511 Indian Penal Code seek quashing of the complaint as also the summoning order dated 21.10.03.

(2.) Facts necessary to dispose of the present petition are that one Sh. Mohd. Amzad Oureshi, son of respondent No. 2/complainant alleged that on 3.7.01 a mob led by the petitioners came to his house bearing No. 7427, Gali Chhoti Masjid, Quresh Nagar, Delhi and set it on fire. That articles worth Rs. 10.5 lacs were destroyed in the fire. That in addition to burning the house, the mob also attacked him and his family members particularly his father. That as a result of the attack, he and his father sustained grievous injuries. That the mob had attacked him, his house and family members to take revenge on him as he had filed a writ petition because of which unauthorised slaughtering houses were ordered to be closed and heavy fine was imposed on its owners.

(3.) On the basis of the afore-noted statement of Mohd. Amzad Oureshi, the police registered a FIR No.238/01 under Sections 147/148/149/186/152/380/506/323/435/427/383/332/34 Indian Penal Code against only 11 persons.