ASHOK Vs. STATE OF U P

JUDGEMENT

(1.) THIS Criminal Revision under Section 397/401 Criminal Procedure Code, 1973 ( Code) is directed against the order dated 21.2.2003 passed by the Special Court at Mahoba, constituted under the Uttar Pradesh Dacoity Affected Areas Act, 1983 (hereinafter referred to as the D.A.A. Act) summoning the revisionists under Sections 307 and 504 I.P.C., after having rejected the final report under Section 173 (2) submitted by the Investigating Officer (I.O.) in Case Crime No. 122-A/2002, Police Station Kharaila, District Mahoba.

(2.) THE facts leading to filing this revision briefly stated are that the complainant Respondent No. 2 had moved an application before the Deputy Inspector General of Police (D.I.G.), Chitrakoot Dham, Banda on 23.6.2002 disclosing therein that on 19.6.2002 at 5 p.m. he was at the shop of Rameshwar Kalar of his village; at the same movement Ashok Kumar Shukla with 315 bore riffle, Awadesh Shukla with the double barrel 12 bore gun, Gopal with the double barrel 12 bore gun and Shyam Babu with 12 bore single barrel gun arrived there. After a short altercation they started abusing the complainant and opened fires upon him with their respective fire arms with intention to commit his murder. The complainant, however, had a narrow escape as he was pushed aside by Bansi and Tejwa, who were standing beside him on the spot. The named assailants chased the complainant when he rushed to his house to save himself. They made several fires with their fire arms at the door of the house of the complainant. The younger brother of the complainant present at his home sustained pellet injury and his spectacle was also broken. The motive behind the occurrence was previous enmity due to Pradhani Election. The D.I.G. vide his order dated 23.6.2002 directed the local police to lodge the F.I.R. and to investigate into the matter. Since the date, time and the place of occurrence as mentioned in the application of the complainant was the same as mentioned in the F.I.R. of Crime No. 122/2002 already got registered on 19.6.2002 at 21.05 O'Clock by the Revisionist No. 1 and, therefore, the police registered the F.I.R. of the Respondent No. 2 as cross version of the same at Crime No. 122 A /2002. The I.O., however, after concluding the investigation submitted final report under Section 173 (2) of the Code in Special Court DAA, empowered under Section 7 of the DAA Act to take direct cognizance of any Scheduled Offence. The Special Court issued notice to the complainant on the final report. In pursuance of the notice the complainant filed protest petition. The Special Court treated the protest petition as a complaint under Chapter XV of the Code and after taking cognizance under Section 190 (1) (a), proceeded in the manner as provided in Sections 200 and 202 of the Code He examined the complainant and one witness. The learned Special Court also summoned the record of Case Crime No. 122 of 2002 under Section 147, 148, 149 , 307, 394 and 411 I. P.C.

(3.) HEARD learned counsel for the revisionists, learned A.G.A. and learned counsel for the Respondent No. 2 and also perused the record.