RAJKUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants as well as learned Additional Government Advocate for the State of U.P./opposite party no.1.

(2.) This application under Sec. 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet No. 198 of 2020 dtd. 28/4/2020, cognizance /summoning order dtd. 8/9/2020 and proceedings of Case No. 3289 of 2020 (State Vs. Sachin and others) arising out of Case Crime No. 960 of 2019, under Ss. 147, 148, 149, 323, 506, 352 I.P.C., Police Station Baghpat, District Baghpat, pending in the court of learned Chief Judicial Magistrate, Baghpat.

(3.) Brief facts of the case which are required to be stated are that opposite party no.2 Ramesh Chandra Yadav who is resident of village Nagla Bahlolpur, lodged F.I.R. on 14/12/2019 for the offence under Ss. 147, 323, 506 I.P.C. against thirteen named accused persons, namely, Sachin, Vijay, Rajkumar (applicant no.1), Munna (applicant no.2), Nand Kishor (applicant no.3), Gopal, Manoj, Dharmendra, Anil, Yogendra, Dhanpal, Harpal, Rajkumar and 20-25 unknown persons alleging inter alia that we had land in Haryana State, where we do farming, which is situated in village Khurrampur, Police Station Kundali, District Sonipat. On 12/12/2019, we went to our fields in Haryana State for farming, then accused persons named in the F.I.R., with illegal weapons came there and started threatening by telling us that the said land belongs to them. Due to this reason, we got scared and returned home. As soon as we crossed Yamuna river bridge, Vijay and other accused persons started running behind us and caught us on river bank and started beating us. They fired and also threatened to kill by saying that if they will ever come to these fields in future, we will kill them. Our vehicles remained there. In the fight, Ashok Kumar Sharma, Krishna pal, Vakeel, wife of Yaseen, Rajiv Sharma and others got injured. Anyhow we have saved our lives and reached home. After culmination of investigation, charge sheet dtd. 28/4/2020 has been submitted against ten accused persons, namely, Sachin, Vijay, Rajkumar, Munna, Nand Kishor, Gopal, Manoj, Yogendra, Dhanpal and Harpal, on which Magistrate concerned took cognizance and summoned them vide order dtd. 8/9/2020. On non appearance of the accused persons including the applicants, bailable warrants are continuously being issued against the accused persons since 12/5/2022.