GOKARAN LAL Vs. STATE OF U P

JUDGEMENT

(1.) By means of this petition under Section 482, Cr.P.C., the petitioners have prayed for quashing of the summoning order dated 16.02.2013 passed by Special Chief Judicial Magistrate (Custom), Lucknow in Criminal Complaint No.2137 of 2011 (Ram Nivas Bhatiya Vs. Gokaran Lal and others), under Sections 323, 504, 452 IPC, Police Station Qaisarbagh, District Lucknow and the consequential proceedings initiated in pursuance of the aforesaid order against the petitioners.

(2.) Brief facts for deciding this petition are that Ram Nivas Bhatiya, who is the nephew of petitioner no.1 Gokaran Lal filed a complaint (Annexure No.2 to the petition) against the petitioners alleging therein that complainant is doing a job of fabricator and also work in Electricity Department and resides at Lal Kuwan, Lucknow. The accused petitioners are his relatives. They came to Lucknow on 25.04.2011 and told the complainant that they came here for talks of marriage and requested to provide stay in his house. The opposite party no.2 Ram Nivas Bhatiya permitted them to stay. On 26.04.2011, the complainant opposite party no.2, went for his work . His wife was engaged in the domestic work. The complainant came at home at about 2:00 P.M. and saw that the accused persons are preparing to go after arranging their language. When, he went to take a file of the documents of land from Almirah, the file was not there. He asked about the file to the accused persons, they all denied to take the file. The O.P.No2 was of the view that nobody came in the house except the accused persons/petitioners. He asked them to stop and to permit him to search their language. The accused persons became annoyed and again entered in the house and hold the collar of the complainant and abused in filthy language. They also assaulted him with kick and fists and a stick. When his wife came to rescue him, they pulled her. His employee Mukesh is also came to save him but the accused persons were also kicked him out. During this scuffle, the accused persons snatched the chain of the complainant having minimum weight of 10 gms and also snatched Rs.765/- forcibly kept in the upper pocket. When the complainant raising alarm, the accused persons managed to escape from there.

(3.) The complainant along with several other persons went in search of the accused persons but they could not be found. Thereafter, the complainant went to Balrampur Hospital where he got him medically examined. It was also alleged in the complaint that at the time of running away from the spot, the accused persons also threatened to life. The police did not register the FIR, so he moved an application by registered post to DG Police for registering the FIR. When, the police did not take action against the accused persons after long time, the aforesaid complaint being Criminal Complaint No.2137 of 2011, under Sections 380, 394, 452, 323, 504, 506 IPC has been filed by the complainant.