LALDHAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Rahul Mishra, learned counsel for the applicants and learned Additional Government Advocate and perused the material on record. Despite service of notice pursuant to the order dated 14.3.2011 none has appeared on behalf of the opposite party No. 2 and hence the case was directed to be listed for final hearing on 10.1.2020 by the Coordinate Bench of this Court.

(2.) The instant petition has been filed for quashing the order dated 08.9.2010 passed by the Judicial Magistrate, First Class, Azamgarh in complaint case No. 5128 of 2010 arising out of complaint dated 01.2.2010 (Radhey Shyam Yadav Vs. Laldhar and others) whereby the applicants were summoned to face the trial under Sections 147 , 148 , 149 , 427 and 506 IPC.

(3.) The brief facts giving rise to the present petition are that a complaint was filed by the complainant on 01.2.2010 arraying 29 persons as accused with the allegations that for the election of Gram Pradhan, the complainant was contacting to the villagers for adding their names as new voters so that the list may be finalized, which was opposed by Laldhar, the applicant No. 1 and threatened him of dire consequences. On 04.1.2010 at about 8.00 AM, when the complainant was sweeping his door, accused Laldhar, Rajendra, Brijendra, Kastura, Hira Mati, Sevak, Mewati, Lalmati, Guddu, Sonu, Rajpat, Shyam Bihari, Dina Nath, Ram Dhani, Dinesh, Ram Sudhar, Bali Ram, Lalti, Rajpati Shyam Dev, Jugura, Indrasi, Girish, Subhawati, Daya Ram, Shrada Ram, Sati Ram and Belasi, resident of Bachchuapar, police station Kaptanganj, district Azamgarh carrying lathi and danda came to his house and by saying that entire villagers are in their support and he cannot do anything, chased the complainant, but the complainant managed to enter his house. The accused started pelting bricks and stones and damaged Madai and Khuta. However, on the shrieks of the complainant and accused person, Shyam Bihari, Ram Dhari, Chhote Lal, Bahadur, Ram Murat and several persons of the vicinity rushed to the spot, who had witnessed the incident and pacified the matter.