VIJAI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Instant revision has been preferred against order dated 20-2-1998 and 16-11-2000 passed by learned Judicial Magistrate Azamgarh (II Additional Civil Judge (Junior Division), Azamgarh) by which the revisionists have been summoned under Section 204 Cr.P.C. to face trial under Sections 147, 427, 435 IPC and protest petition filed by them has been rejected on the ground that prima facie case was made out against them and protest petition was not maintainable at the stage of summoning the accused,

(2.) Heard Sri V. K. Rai, learned counsel for the revisionist, learned AGA and Sri Rakesh Prasad, learned counsel for the respondent No. 2, Rajpati, and have gonethrough the impugned orders and record.

(3.) A complaint was filed by Rajpati, respondent No. 2, resident of village Devchandpur, police station Tarawan, district Azamgarh, against the revisionists Vijai, Bhuteli, Sadhu and Ramashray, who are also the residents of the same village Devchandpur, that they along with some others after forming an unlawful assembly damaged Naad, Khunta etc. of the complainant and set his mandavi on fire on 31-1-1997 at 7.30 A.M. When wife and children of the complainant resisted, they were scolded. A complaint of the incident was sent to the Superintendent of Police, Azamgarh. When no action was taken, the complaint was filed. On this complaint the statement of the complainant Rajpati was recorded under Section 200 Cr.P.C. and statements of witnesses Ramadhar and Sail were recorded under Section 202 Cr.P.C. and the accused were summoned to face trial under Sections 147, 427 and 435 IPC.