RAM UJAGIR MAURYA Vs. STATE OF U P

JUDGEMENT

(1.) This criminal revision has been filed by Ram Ujagir Maurya and nine other persons against the order dated 07.12.2005 passed by Additional Chief Judicial Magistrate Bhadohi in Complaint Case No. 2109 of 2005 Mata Gulam vs. Ram Ujagir and others, by which the learned magistrate has summoned the revisionists for facing trial under section 147, 149, 465 IPC.

(2.) A perusal of the record reveals that a complaint was filed by Mata Gulam Debey s/o Babban Dubey, Sakin Harinarayanpur, P.S Aurai, District Sant Ravidas Nagar, against Ram Ujagir Maurya, Rarm Jeet Maurya sons of Bhaggar Maurya, Bhaggar Maruya, Ram Surat Maurya sons of Ram Kishore Maurya, Raja Ram Maurya s/o Ram Nihor Maurya, Ram Sringar Maurya, Ram Sanehi Maurya sons of Baran Maurya and Vijay Nath Maurya, all resident of village Harinarayanpur, P.S. Aurai, District Sant Ravidas Nagar, Bhadohi, Ramesh Maurya s/o Jivdhan, r/o village Dhamahapur, P.S. Aurai, District Sant Ravidas Nagar and Callector Chaubey s/o Ram Achhaibar Chaubey r/o village Arjun Patti, P.S. Aurai, District Sant Ravidas Nagar, alleging that the complaint's chak No. 159 is near the sahan of Ram Ujagir in which complainant has grown the chari. Ram Ujagir wanted to purchase the land and was pressurizing to sell the land to him. When he refused, his cattles always grazed the chari shown by him. On 27.07.2005 at about 8.00 a.m. they were forcibly reaping the chari. When complainant's wife refrained them, they became aggressive. In this respect an application was given to S.P. Bhadohi by complainant's wife. When complainant had gone to S.P. Bhadohi on 04.08.2005, with regard to that application, then all the accused persons came there along with Station House Officer Aurai and forcibly took him to P.S. Aurai where he was locked up. Again when his wife moved an application to the higher authorities, then he was released by the police Aurai on 10.08.2005 at about 10.00 a.m., at that time all the accused persons were present in Police Station Aurai. When he was exiting through the western gate, all the accused persons caught hold him and took him inside the police station at the temple adjacent to western gate of police station and said that your relative has taken money and still you are not executing the sale deed of land, then we will not let you go. After that, all the accused persons abused him and forcibly made him sign a plain stamp paper on which a revenue stamp was affixed, by threatening him. He apprehended that by the use of this forged document, they will grab the property of the complainant and will reap the chari. They also threatened that if you will take any action, then they will kill him. This incident was witnessed by Radheshyam Dubey s/o Ram Kailash, Shashi Kant Dubey s/o Sadanand and Smt. Shail Kumari, wife of Complainant. He at once informed the police of Aurai police station. Accused persons were called by the Inspector, but no action was taken against them. The complainant sent the information to S.P. Bhadohi through registered post, but no action was taken. After filing of this complaint Mata Gulam Dubey was examined under section 200 Cr.P.C. Shail Kumari, wife of Mata Gulam Dubey and Shashi Kant Dubey were examined as witnesses under section 202 Cr.P.C. After hearing and going through the record, learned court below has passed the impugned order. Feeling aggrieved this criminal revision has been preferred.

(3.) Heard learned counsel for the revisionists and also learned AGA for the State. No one is present on behalf of respondent No. 2 despite service of summon.