RAKESH MISHRA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Syed Imran Ibrahim, learned counsel for the applicants, Sri Pankaj Kumar Tripathi, learned A.G.A for the State and perused the record.

(2.) This application under Sec. 482 Cr.P.C has been moved to quash the summoning order dtd. 10/11/2022 arising out of Special Case No. 70 of 2019 - (Amar Singh Vs. Rakesh Mishra and others) under Ss. 323, 427, 504, 506 I.P.C and Sec. 3 (1) X, of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Highway, district Mathura as well as all consequential proceedings of Case No. 70 of 2019, pending in the Court of Special Judge, SC/ST At, Mathura.

(3.) In brief, the facts of the case are that opposite party no. 2, Amar Sigh, the complainant moved an application under Sec. 156 (3) Cr.P.C to lodge an F.I.R under the aforesaid Ss. against the applicants in respect of commission of crime at 09:00 a.m on 28/7/2019 with the allegations that the applicant and four five other persons armed with Lathi, sticks and other weapons reached at his land, broke the boundary wall through a J.C.B Machine and caused a loss of Rs.50,000.00. When they were prevented they abused, saying the applicant and his brother to be Chamar Dherh and assaulted the complainant and his brother.