NAWAL KISHORE SAHU Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS is an application under Section 482 Cr.P.C. to quash the impugned order dated 17.12.2009 passed by learned Special Judge(Dacoity Affected Area), Budaun in Misc. Case No. 593 of 2009, Nawal Kishore Sahu vs. Vikki Sahu and others, under Sections 395/397 IPC whereby the application under Section 156(3) Cr.P.C. converted and treated as Complaint Case. Heard learned counsel for the applicant, learned AGA for the State and perused the record.

(2.) AN application under Section 156(3) Cr.P.C. was moved on behalf of the applicant with the averments that on 25.11.2009 at about 7:00 A.M. when he and his family members were in Mohalla Shri Narayan Ganj, Station Road Ujhani, Budaun. Accused persons gathered knowledge and they came there having weapons in their hands along with 15 to 16 Gundas and badly abused to the applicants and his wife and started Mar-peet with them. They had snatched Golden Chain of his wife. His Sala, Harishbabu also came there for their rescue but a blow of knife was also given to him. Injuries were also inflicted to the applicant, his wife and Harish Babu. Accused persons left the place. with threat to kill them in future if he does not withdraw Dacoity Case against Rajaram Sahu. Learned Trial Court in place of order for registration of case and investigation in the matter, passed order for registration of the case as Complaint case and directed the complainant to examine himself under Section 200 Cr.P.C. and to produce his evidence under Section 202 Cr.P.C.Challenging this order, instant application under Section 482 Cr. P.C. has been filed on the ground that in the facts and circumstances of the case, it would have been appropriate to get registered the case and to investigate the mater by the Police. Learned AGA argued that giving sufficient and detailed reasons and relying on the law laid down on the subject by Division Bench of this Court in Sukhwasi Vs. State order has been passed by the trial court. There is no cause to interfere by this Court in the impugned order passed by the trial court.

(3.) FROM the facts and circumstances of the case, considering the arguments of parties counsel and also taking into consideration the law laid down on the subject, I do not find any cause for interference of this Court in the order passed by the Trial Court, in these proceedings under Section 482 Cr.P.C. If any witness is needed for the order of Sections 203 and 204 Cr.P.C., applicant is free to get summoned witnesses under Section 202 Cr.P.C. Application has no force, and the same is accordingly dismissed.