LAWS(ALL)-2011-5-150

ARUN KUMAR SINGH Vs. STATE OF U P

Decided On May 05, 2011
ARUN KUMAR SINGH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Heard Sri P.N. Pandey and Sri R.N. Pandey learned Counsel in support of this revision and learned A.G.A. in opposition.

(2.) Two real sibling brothers Udai Narain Singh and Deep Narain Singh revisionist Nos. 2 and 3 alongwith one Arun Kumar Singh revisionist No. 1, have approached this Court in its revisional jurisdiction under Section 397/401 Code of Criminal Procedure challenging the order of their summoning dated 24.2.2011 passed by Judicial Magistrate, Court No. 15, Basti, in Complaint Case No. 534 of 2010 Shiv Mangala v. Deep Narain and Ors.for offences under Sections 323, 504, 506, 452 and 379 I.P.C. Police Station Parashurampur, District Basti.

(3.) According to complainant Shiv Mangala wife of Bhogi, resident of Ranipur, Basthanawa, Police Station Parashurampur, District Basti, as is culled out from Annexure No. 1 filed alongwith affidavit in support of this revision, allegations are that complainant is a scheduled caste lady and accused persons including the revisionists had animus against her. Earlier accused persons had assaulted the complainant and her daughter in respect of which First Information Report was got registered. On 21.7.2005 at 6:00 p.m. because calf (Bacchiya) of the complainant untied the rope and went at the doors of revisionist No. 3 Deep Narain Singh accused got enraged and started abusing complainant filthily. They did not desist there but they chased the complainant to assault her and when she entered into her house, assailants followed her inside and assaulted the complainant Shiv Mangala and her daughter with kicks and fists with utterances of filthy abuses and castiest words. Intrudes also damaged utensils kept in the house, snatched away ear ring of the daughter Shanti and even torned of their clothes. This incident was witnessed by Sandheen and Fazal and many other co-villagers.