DHIRENDRA Vs. STATE OF U.P

JUDGEMENT

(1.) Heard learned counsel for the applicants and learned AGA for the State.

(2.) The present application under sec. 482 of the Code of Criminal Procedure, 1973 is preferred challenging the summoning order dtd. 7/12/2016 passed by the Judicial Magistrate, Bhognipur, District - Kanpur Dehat, in Complaint Case No 877 of 2016 (Baburam Vs Dhirendra and others) under sec. 379, 504, 506 of Indian Penal Code at Police Station - Bhognipur, District - Kanpur Dehat (U.P.).

(3.) In the present case, the complainant-opposite party no.2 preferred a complaint against the applicants on 2/8/2016. A copy of the complaint is filed as annexure-2 to the application. The allegations as per above-mentioned complaint is that the complainant is a resident of Village-Gaurikaran, Police Station -Bhognipur, District-Kanpur Dehat. It is further alleged that on 21/5/2016 complainant had tied up his goat just outside his house and went out of village at about 8 AM. When the complainant came back to the village on the same day at 12 o'clock and reached his house, he found that his goat was missing. When complainant started searching for his goat then he was informed by neighbours, namely, Kaloo, Ram Singh and other persons that goat of opposite party no. 2 has been taken by the applicants by way of theft. It is further alleged in the complaint that complainant thereafter along with his brother Umlesh went to the house of the applicant no.1-Dhirendra. Where complainant found that his goat was in the house of the accused persons-applicants. Further, it is alleged that when complainant confronted accused-persons with aforesaid act they started abusing and stated to the complainant to go away from his house and in future if he comes to the house again for taking the goat he would be killed. As per the complainant he had made complaint to the police however no action was taken nor his report was lodged thereafter on 23/7/2016 a letter was also sent to the Superintendent of Police and when no action was taken the present complaint was filed.