SANJAY Vs. STATE OF U.P

JUDGEMENT

(1.) By means of this revision, revisionist have challenged the impugned order dated 29.11.2004 passed by learned ACJM, Hapur, Ghaziabad in Criminal Case No. 168 of 204 (State Vs Arvind and others) whereby they have been summoned by the learned Magistrate to face the trial under Sections 147,323,325,504,149,452 IPC (Crime No. 202 of 2003) P.S. Hapur Dehat on the application moved by the complainant/opposite party no. 2 under Section 319 Cr.P.C.

(2.) The encapsulated facts of the case are that an application under Section 156(3) Cr.P.C. was moved by the opposite party no. 2 against the revisionists and other accused persons alleging therein that on 25.10.2003 when the complainant and his younger brother had gone in connection of their work, accused Arvind son of Nanak, Ravindra S/o Mantoori, Rinku son of Rampal, Sanjay son of Kachhinda entered in the house of the complainant/opposite party no. 2 along with Dinesh and Deepak armed with 'lathi and danda' and committed 'marpeet' with intention to kill Angoori Devi, the complainant's wife and Kiran, the wife of his younger brother and they also abused them. As a result of which, wife of complainant and the wife of younger brother of the complainant sustained several injuries on their person.

(3.) Complainant reported this incident to the police but of no avail. On the intervention of the Magistrate under Section 156(3) Cr.P.C., an FIR was registered against the revisionists and four other co accused persons namely Arvind, Ravindra, Dinesh and Deepak vide Case Crime No. 202 of 2003, under Sections 147,148, 323, 452, 325, 308, 504, 506 IPC at P.S. Hapur Dehat, District Ghaziabad. On completion of investigation, charge sheet was submitted by the Investigating Officer only against the Arvind, Ravindra, Dinesh and Deepak under Sections 323,325, 504, 506 IPC upon which cognizance was taken by the Magistrate.