R.S. DWIVEDI Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS application under Section 482, Cr.P.C. has been filed with a prayer to quash the impugned summoning order dated 22.8.2012 passed by A.C.J.M. -II, Allahabad in Case No. 2894 of 2012, State v. R.S. Dwivedi and others, and stay the effect and operation of the charge -sheet dated 17.6.2012 in Case No. 2894/12 vide Case Crime No. 194/07, under Sections 147, 323, 504, 506 and 341, I.P.C., P.S. Industrial Area, Allahabad (State v. R.S. Dwivedi and others), pending in the court of A.C.J.M. -II Allahabad and also further proceeding in Case No. 2894 of 2012, State v. R.S. Dwivedi and others, pending in the Court of A.C.J.M. -II, Allahabad. The prosecution story as stated in the F.I.R. which was lodged by the complainant/opposite party No. 2 Indrapal Singh (hereinafter referred to as the complainant) against the applicants and two other accused persons namely R.C. Yadav and R.B. Singh who were the Security Guards posted at the Officer's Club at I.T.I., Naini, Allahabad with respect to an incident which is said to have taken place on 14.7.2007 at the Officers Club, where a cultural programme and a dinner was organized by the Club and the complainant alongwith his family members were also going to attend the said cultural programme. At the gate of the club, the applicants R.S. Dwivedi and S.K. Ghosh and Narendra Prakash who were working at the I.T.I. Limited, Naini, Allahabad alongwith the Security Guards named above armed with guns, stopped the complainant, his wife and son from entering into the Club and misbehaved with them by abusing and manhandling. The complainant inquired from the said persons as they had been invited in the said function then why such behaviour against them on which the Security Guards R.C. Yadav and R.B. Singh had, raised the gun on the complainant and threatened them to leave the place or they will be done to death. The complainant and his family members were manhandled, insulted and were forced to go back and were not allowed to enter the Officers Club or to participate in the programme though they had also right to enter the Club and participate in the said programme. Sri A.K. Agarwal and Ashok Srivastava who were present at the gate of the Club inquired about the reason the complainant and his family members who were the members of the said club were not allowed to enter in the club but no heed was paid to them also. The complainant and his family members were humiliated by the accused persons and threatened for dire consequences due to which the family members of the complainant and his children were under a state of fear. The complainant approached the concerned Police Station for lodging an F.I.R. against the accused persons.

(2.) THE F.I.R. of the complainant was registered on 14.9.2007 as Case Crime No. 194 of 2007 under Sections 147, 323, 504, 506 and 341, I.P.C., P.S. Industrial Area, Allahabad against five accused persons including the applicants. The investigation was carried out and the charge -sheet was submitted against accused persons.

(3.) THE applicants have been summoned on 22.8.2012 by the Addl. Chief Judicial Magistrate, Court No. 2, Allahabad for facing trial in the aforesaid offence against which they have approached this Court challenging the impugned charge -sheet as well as the summoning order passed against them.