BRAHMADEEN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Gaurav Kumar Shukla, Learned Counsel for the applicants, Sri Nar Singh Pandey, Learned Counsel for opposite party No. 2 as well as learned AGA and perused the record. The present petition under Section 482 Cr.P.C. has been filed by the applicants with a prayer to set aside the order dated 24.7.2004 passed by learned Chief Judicial Magistrate, Basti in Criminal Case No. 4012/03 under Sections 323, 324, 504, 506, 429, 420, 467, 468 and 471 IPC whereby the applicants have been summoned to face trial under the aforesaid offences and the order dated 13.1.2009 passed by the learned Addl. Sessions Judge/FTC Court No. 3 in Criminal Revision No. 933/934 of 2007, whereby the criminal revision on behalf of the applicants has also been dismissed.

(2.) The brief facts of the case are that opposite party No. 2 filed an application under Section 156(3) Cr.P.C. with the allegation that Gata No. 21/06-6-19 which was recorded as Navin Parti during consolidation was bifurcated in two parts by Ex Lekhpal Ram Shiramoni Dubey in collusion with Ram Pragat and thereby recording Gata No. 21Ka/0-1-5 as Navin Parti whereas Gata No. 21Kha/0-5-14 was fraudulently shown in the khata of said Ram Pragat which was sold by him to Brahmdeen (applicant No. 1) by registered sale-deed. When the complainant came to know about the same, he moved an application before District Magistrate and Commissioner concerned and after enquiry into the matter, the said land was again recorded as Navin Parti, which is just adjoining to the Sahan land of the complainant. It is further alleged in the said application that on 18.5.2003 in the morning at 4 a.m., the applicants Brahmdeen, Hriday Ram, Rakesh Kumar, Ranjeet Kumar and Rajesh Kumar caused serious injuries to the bullock of the complainant by lathi and spear and when the complainant asked about the said incident, the accused started abusing in filthy language and threatened to beat him by lathi, spear and gadasa and also threatened to kill him.

(3.) The said application under Section 156(3) Cr.P.C. came up for hearing before the learned Judicial Magistrate, Court No. 12, Bast, who vide order dated 10.6.2003 observed that so far the incident regarding recording of the land in the revenue record and trying to take illegal possession of the sahan land is concerned, that pertains to dispute of civil nature but so far the second incident regarding abusing, threatening and causing injury to the bullock of the complainant is concerned, it appears proper to proceed in the matter after registering it as a complaint. Thereafter the learned Magistrate directed to register the matter as complaint and for statement under Section 200 Cr.P.C.