RAMANAND Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Revision is directed against the order dated 11.11.2010 passed by Judicial Magistrate, Mau in Case No. 198 of 2009 (Suryanath Vs Ramanand and others) whereby the learned Magistrate has summoned the revisionists to face the trial for the offences under Section 323 IPC.

(2.) Brief facts of the case are that the wife of revisionist No. 1 namely Smt Savitri had lodged an FIR on 6.11.2008 against the opposite party no. 2 vide Case Crime No. 1064 of 2008 alleging therein that there is a long drawn enmity between the family of opposite party no. 2 and her family members on account of some land dispute regarding which a case is already pending in the civil court. It was stated that on 6.11.2008 at about 10 a.m. in the morning sons of opposite party no. 2 and others armed with lathi, barcha and bhala attacked his son Santosh Rai, who was cultivating his rice field. When her husband and sons namely Ashok and Prabhakar and others reached the place of ocurrence they were also assaulted. On the intervention of neighbours, assailants fled away from the spot. Pursuant to the investigation, the police submitted the charge sheet against the opposite party no.2 and his sons.

(3.) It is alleged that opposite party no. 2 moved an application under Section 156(3) Cr.P.C. whereupon a cross FIR vide Case Crime No. 1064 A of 2008, under Sections 147,148,323,308 IPC was registered at Police Station Ranipur, District Mau. Subsequent to the investigation, the police submitted the final report on 23.5.2009. Thereafter, opposite party no. 2 filed a protest petition against the said final report which was allowed by the court below and the Investigating Officer of the case was directed to conduct further investigation. Investigating Officer again submitted the final report in the case, which was rejected by the Court below vide order dated 11.11.2010 and the revisionists were summoned to face the trial for the offence under Section 323 IPC. Hence this revision.