ANIL KUMAR CHAUHAN Vs. STATE OF U P

JUDGEMENT

(1.) This revision by the accused is directed against the order dated 24-9-85 passed by the then Special Judge (DAA), Mainpuri in Misc. Criminal Case No. 14 of 1984, State v. Anil Kumar whereby learned Judge summoned the accused-revisionist to face trial under Section 392, IPC and issued warrant of arrest against him.

(2.) In brief the facts of the case giving rise to this revision are as under : An FIR was lodged by Ram Babu, opposite party No. 2 at police station Khairgarh, District Mainpuri on 5-10-84 at 10-15 a.m. and the local police registered a case at Crime No. 178 of 1984 under Section 392, IPC against the revisionist. It was alleged that on 3-10-84 at about 12.00 noon, Anil Kumar arrived at the door of the informant used abusive language to him and took away his buffalo forcibly. The case was investigated by the police and after completing investigation the I.O. submitted final report.

(3.) After submission of the final report, a protest petition was filed by Ram Babu praying for rejecting the report and summoning the accused. He filed his own affidavit in support of the protest petition. An affidavit of Kallu Ram brother of Ram Babu was also filed.