(1.) This Criminal Misc. Application has been preferred to quash the entire proceeding in case no. 24 of 2012 (State Vs. Sooraj Pal and others), arising out of case crime no. 219 of 2011, under Section 323, 324, 452, 504 and 506 I.P.C., Police Station Chhatari, District Bulandshahar.
(2.) Brief facts are that the application under Section 156 (3) Cr.P.C. was moved before the Magistrate with the allegation that the complainant Munshi Lal is law abiding person of village Allipura Majara Biraura. A wall of his brother Sooraj Pal is adjoining the north side of his house. Soorajpal, his brother Aidal Singh, son of Sooraj pal namely Chhota and son of Aidal Singh namely Dinesh wanted to construct? a wall in the open space of the complainant and often used to abuse the complaint for this. On 25.09.2011, the complainant was going to the temple to give food, suddenly all the accused started teasing but the complainant went quietly to the temple. After some time when he returned from the temple Soorajpal, Aidal Singh, Chhota and Dinesh armed with lathi, danda and knife entered the house of the complainant. Suddenly Chhota assaluted the complainant with the knife. He tried to save himself due to which he sustained injury. Then Aidal, Soorajpal and Dinesh assaulted the complainant with lathi and danda. The complainant received injuries. On the hue and cry of the complainant Smt. Savitri wife of complainit Yaadram, Rajveer and some other people of the village came to save the complainant. The occurence occured at about 11:00 to 12:00 A.M. The complainant sent this information to the police station but the report was kept and nothing was done and his injuries was not medically examined. Then the complainant got his injuries medically examined on 26.09.2011. The police authorities did not take any action, then he sent a registered letter to the S.O. But S.O. did not do anything. Hence, he moved application under Section 156(3) Cr.P.C.
(3.) The case was registered against the accused persons who moved an application for discharge which was rejected by the Judicial Magistrate on 07.11.2013.