JAI RAM Vs. STATE OF U.P

JUDGEMENT

(1.) By means of present revision, seven revisionists have challenged the impugned summoning order dated 30.11.2002 passed in Case No. 466 of 2002 (Mishri Lal Sachan Vs Jai Ram), under Section 147,506 IPC, P.S. Sajeti, District Kanpur Dehat whereby all the revisionists have been summoned by the learned Magistrate to face the trial for the said offences.

(2.) A lawyer of Kanpur Dehat, Mishri Lal Sachan has initiated criminal proceedings against seven revisionists stating that on 6.6.2001 at about 8 p.m. he was returning from Village Harbaspur with his advocate son Sunil Kumar Sachan. They were intercepted by the applicants near 'Banyan' tree at the gun point and were threatened by the applicants with dire consequences. Both the lawyers pleaded for mercy and revisionists let them off.

(3.) The police allegedly refused to register the F.I.R. On the intervention of the Magistrate, an FIR vide Case Crime No. 144 of 2001, under Section 147,506 was registered against the revisionists. Subsequent to the investigation, the Investigating Officer submitted the final report. Against the final report, protest petition was filed by the complainant which was rejected by the court below vide order dated 20.11.2001.Thereafter, opposite party/complainant preferred a criminal revision being Revision Petition No. 205 of 2001 before the Sessions Judge, Kanpur Dehat which was ultimately decided by Addl. Sessions Judge, Court No. 7, vide judgement and order dated 30.1.2002.