SHIV POOJAN TRIPATHI Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of this application under Section 482 Cr.P.C. applicants have prayed for quashing of the entire proceedings of Complaint Case No. 461 of 2012 (Dhirendra Vs Shiv Poojan), under Sections 323,504,506(2),427,379 IPC, pending in the Court of ACJM, Allahabad.

(2.) Allegations in the complaint are that opposite party no. 2, who is posted as Reveiw Officer, in this Court was intercepted by the applicants on 7.12.2010 near the road that leads to the bunglow of the Chief Justice. Two of the accused namely Shivpojan Tripathi and Prabhat took out their country made pistol and put it on the head of the opposite party no. 2 and started abusing him and on being opposed the opposite party no. 2 was hit with the but of the country made pistol and was also physically assaulted by these applicants. In the process they snatched away Rs. 5000/- from the pocket of opposite party no. 2. Complainant was saved in the process by the passerby and by some officials of the Court. This report was not entertained as the brother of the applicant no. 1 is working in the police department.

(3.) It is also revealed that a false and frivolous complaint has been filed by the applicant no. 1 against the complainant on account of the matrimonial discord. It is also stated that the complainant suffered fracture in his wrist. On the basis of the complaint applicants have been summoned to face the trial vide order dated 30.11.2011. It is this order which has been questioned before this court on the ground that present complaint has been filed by way of counter blast.