HARI PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) In this case Sri V. K. Sharma requested me to reserve the judgment on 25- 8-2004 and stated that he would be submitting written arguments in this case. The written arguments have been submitted. I have perused the same and also the other material on record.

(2.) The present application has been filed under Section 482 Cr.P.C. for quashing criminal proceedings in Case No. 8656 of 1991, Veer Narayan v. Hari Prasad and another pending in the Court of C.J.M. Allahabad and the non-bailable warrants and processes issued under Sections 82/83, Cr. P.C.

(3.) A complaint, was filed on 23-9-1991 alleging that the applicants were brothers who used to reside in one room in the house of the complainant opposite party No. 2 and they used to engage in the business of selling Jaipuri Chunaris and sarees. The complainant also used to ferry clothes, and for this purpose he would purchase Jaipuri chunaris from the applicants. The complainant had actually made a payment of Rs. 1,300/- for a lot of clothes purchased from the applicants, but the applicants had not made the necessary entries in their copy with regard to the payment received. This had resulted in a hot exchange of words between the parties causing the complainant turn out the applicants from his house. As a sequel to this action, on 20-9-1991 at about 6-30 p.m. when the complainant was returning to his house, he was assaulted by the applicants with dandas near the gate of Kesar Vidyapeeth, Meerganj, Allahabad. The complainant fell down as a result of the assault and he was medically examined at Moti Lai Nehru Hospital. The incident was witnessed by Pooran and Babloo. The complainant sent information about this incident by registered post to the S.S.P., Allahabad, and thereafter he filed the complaint on 23-9-1991.