DAROGA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Neeraj Singh, Advocate, for applicants and learned A.G.A. for State.

(2.) This is an application under Section 482 Cr.P.C. filed by five applicants, Daroga, Rakesh, Chandrika, Pramod and Manoj, with a prayer to quash Case No. 1278 of 2005 under Sections 147, 149, 323, 452, 435, 504 and 506 I.P.C. P.S. Bankata, District Deoria arising from Case Crime No. 3 of 2005 and pending in the Court of Judicial Magistrate, Court-11, Deoria.

(3.) Facts in brief giving rise to present application are that Uma Shankar Kushwaha, opposite party-2, (hereinafter referred to as informant-complainant) filed a First Information Report being Case Crime No. 3 of 2005, under Sections 147, 148, 323, 504, 506, 452, 435 I.P.C., P.S. Bankata, District Deoria against eight accused including five applicants alleging that applicants and others, with a common object, formed unlawful assembly with an intention to take possession of Sehan by opening door of their houses and threw domestic goods of informant-complainant kept near the door and abused him. When he stopped them, they abusing him, threatened of life and exhorted to set his house on fire. Informant-Complainant somehow escaped to save him whereafter accused-applicants and others entered Informant-Complainant's house and beat his wife and two daughters with Bhala, Lathi, Danda and Farsa and injured them badly and also put his Chappar on fire.