GYANMATI Vs. STATE OF U.P. AND ANOTHER

JUDGEMENT

(1.) SMT . Gyan Mali has invoked inherent jurisdiction of this Court under Section 482 Cr. P.C. with the prayer that proceedings of Complaint Case No. 86 of 2008 (JawaharLai v. JaiRam Yadav), under Sections 147, 352, 382, 504, 506 I.P.C., P.S. Belipar, District Gorakhpur, pending in the Court of J.M. Court No. 21, Gorakhpur be quashed. Interim prayer is for stay of the trial of the aforesaid case pendent lite.

(2.) COMPLAINANT respondent No. 2, Jawahar Lal wielded power of Judicial Magistrate, Gorakhpur by moving an application under Section 156(3) Cr. P.C. against the applicant, her husband and sons with four and five unknown persons alleging therein that applicant is trying to uproot him from the property. In such endavour, a Civil Suit bearing O.S. No. 285 of 1996, Smt. Gyan Mati v. Jawahar LaL, was also filed in Civil Court, Bansgaon, Gorakhpur, which is pending. In execution of his design on 31.8.2008 at 8 a.m. when complainant was away from his house, applicant along with her husband, Jai Ram Yadav accompanied with other named socio criminises and unknown persons, armed with fire-arms, bombs etc., came to the door of complainant and started cutting teak tree owned by him with axe and other cutting instruments. When Santosh Jaiswal his son tried to stop them, he was abused filthily and intimidated with dire consequences. Albeit Santosh Jaiswal was surrounded to be belaboured but providentially he escaped unhurt because of intervention of husband of village Pradhan, Ram Prasad Yadav and co-villagers Lal Ji Yadav, Ayodhya Yadav and Bhagwan Yadav and others. After cutting teak tree, accused took away its chopped woods.

(3.) APPLICATION of the applicant under Section 156(3) Cr. P.C. was treated to be a complaint and observing procedure of complaint case, Judicial Magistrate recorded statements under Section 200 (Annexure No. 8) and that of the witnesses Anil Jaiswal, (Annexure No. 9) Bhagwan Das Yadav and Santosh Jaiswal, under Section 202 Cr. P.C. Vide order dated 11.5.2009, Judicial Magistrate summoned the applicant and other accused persons vide Annexure-10 for offences under Sections 147,352,382,504 and 506IPC and fixed 26.6.2009 for their appearance. Hence, the prayer by the applicant to quash proceedings of aforesaid complaint case.