ASHISH GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, Shri Lalla Chauhan, learned counsel for the opposite party no. 2 and the learned AGA.

(2.) BY means of the present petition under section 482 Cr.P.C. the petitioners have prayed for quashing the entire proceedings of Complaint Case No. 1119 of 2011 alongwith order dated 16.12.2011, whereby petitioners including three accused persons namely Ajai Pal, Chhote and Chhunnu have been summoned to face trial under sections 395 an 506 IPC and the order dated 25.4.2013 passed by Additional Sessions Judge, Court No. 5, Hardoi in Criminal Revision No. 68 of 2012, whereby summoning order dated 16.12.2011 has been affirmed.

(3.) BRIEF facts for deciding this petition are that on 23.9.2011 at about 6.30 p.m. when Virendra Kumar Gupta(complainant) here opposite party no. 2 was coming back from Hardoi on his motor cycle alongwith his son Vipin Kumar after attending the court case and taking some goods for the use of his shop to his house in Sandi town and reached near Ashram Puliya (culvert) situate in Sandi -Hardoi route, the petitioners including co -accused pushed the motorcycle of opposite party no.2. He and his son fell down. They surrounded the opposite party no. 2 and his son. Petitioner no. 2 Ravendra Kumar and co -accused Ajai Pal have taken them (complainant and his son) on gun point. The petitioners including co -accused began to beat and abuse them. They also snatched one gold chain, one gold ring , two wrist watches and Rs. 700/ - cash from them. The goods which were taken for the use of his shop were also smashed by them. Co -accused Ajai Pal fired on the son of opposite party no. 2, but he escaped by grace of God. Opposite party no. 2 raised alarm, upon which Ram Lakhan and one another who were passing from the place of incident exhorted the petitioners and other co -accused. They also extended threats to kill opposite party no. 2 and his son if information is given to the police of it. Thereafter they escaped from the place of occurrence.