BASUDEO Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By this application under Section 482 Criminal Procedure Code, 9 applicants have prayed for quashing the complaint filed by opposite party No.2 and order dated 11th January, 1982 of the Chief Judicial Magistrate, Kanpur, summoning the applicants for an offence under Section 307 Indian Penal Code on that complaint pending in the Court of Chief Judicial Magistrate, Kanpur, (Case No. 1225 of 1981 Tulsi Ram v. Basudeo and others) - He has further prayed for quashing the order of Sessions Judge dated 18th September, 1982 dismissing the revision filed against that order.

(2.) Brief facts of the case are that there was an occurrence in village Pachhalhar and First Information Report was lodged by Basudeo applicant. A cross first Information Report was also lodged by Tulsi Ram, opposite party No.2, against 7 persons at police station Bhugnipur and a case was registered as crime No. 111-A of 1981 under Section 307 Indian Penal Code. After investigation, the police submitted a final report in this cross First Information Report which was placed before the Chief Judicial Magistrate, Kanpur, on which the complainant Tulsi Ram appeared and filed a protest petition accompanied by three affidavits of the witnesses. The Chief Judicial Magistrate persued the case diary and summoned 8 persons under Section 307 Indian Penal Code vide his order dated 24-9-1981. However, that final report was accepted so far as 9 applicants are concerned. An application was also moved on 24th September 1981 by Tulsi Ram, opposite party No.2 which was rejected by the Chief Judicial Magistrate on 5th October, 1981.

(3.) Later on, Tulsi Ram, opposite party No.2 filed a complaint in the court of the Chief Judicial Magistrate, Kanpur, on which Case No. 1225 of 1981 under Sections 147, 148, 149 and 307 Indian Penal Code was registered. After examining the complainant opposite party No 2 on oath and ten witnesses, the Chief Judicial Magistrate vide his order dated 11th January, 1982 summoned all the nine applicants under Section 307 Indian Penal Code for 3-2-1982. Thereafter, a revision was preferred by only one applicant, Basudeo against the aforesaid order dated 11th January, 1982 summoning the applicants. The II Additional Sessions Judge, Kanpur, has dismissed the said revision by his order dated 18th September 1982, which is Annexure III to this application. Now 9 applicants have filed this petition under Section 482 Criminal Procedure Code for quashing the complaint and aforesaid orders of the Magistrate and Sessions Judge.