HARGOVIND AHIRWAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Devendra Kumar Shukla, learned counsel for the appellant, Sri Ramesh Kumar, learned counsel for opposite party nos. 2 to 12 and Sri O.P. Mishra, learned AGA for the State.

(2.) This criminal appeal has been filed on behalf of the appellant challenging the impugned order dtd. 17/11/2022 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act/Additional District and Sessions Judge, Lalitpur in Criminal Misc. Case No. 725/2022 rejecting the application under Sec. 156(3) Cr.P.C.

(3.) The undisputed facts are as below:- The revisionist/appellant moved an application against 11 named including the incharge S.O. , Police Station Mahrauni and two unknown under Sec. 156(3) Cr.P.C. alleging that they came on a Safari to his house when they had gone to sleep after celebrating the birthday of his son Ankur; they surrounded the house and before the complainant could understand anything, he saw that his daughter in-law Seema has been trying to strangulate her husband Ankur; she snatched golden chain and diamond ring from his person and physically assaulted him causing injuries; when the complainant's wife Meera Devi and daughter Bharti protested to her, she called the police from Police Station Mahrauni; the police of the local police station took away his son; next day at about 11 am in the morning all the accused persons again intruded in his house, broke open the lock of his almirah and removed valuable and cash; they physically assaulted his family members; it is specifically stated in the application that 2 days thereafter on 20/9/2022, when he was sitting on his shop as usual, the incharge of Police Station-Rajesh Kumar Dubey threatened him and abused him using caste driven words.