NATH GIRI Vs. STATE OF U P

JUDGEMENT

(1.) SHIV Shanker, J. This application under Section 482 Cr. P. C. has been filed by Sri Nath Giri against the State and six others praying to quash the order of the Court of ACJM IInd Varanasi and direct to pass an order to register and investigate the case.

(2.) SRI Nath Giri S/o Late SRI Ram Krishna Dutt Giri filed an application under Section 156 (3) Cr. P. C. against the accused Kamla Prasad Pandey, Ashutosh Pandey, Shashi Bhushan Pandey, Indra Bhushan Pandey, Madan Mohan Pandey praying to pass an order to register and investigate the case for the offence under Sections 147, 148, 149, 323, 504, 506 and 395 IPC wherein it was stated that the applicant has constructed the boundary wall of his plot No. 3336 which is six biswa, 218 squire feet situated in Mauzj Bhadanee Tahsil Dehat Amanat, District Varanasi of which he is in possession. The land of the above accused is also situated adjacent with the land of the applicant. Therefore, they wanted to usurp the land of the applicant forcibly. In failure of their purpose, they demolished the above boundary wall of the land of the applicant but they could not get possession upon the said land and informant filed a civil suit No. 357 of 2000 which is pending in the Court of Civil Judge (J. D.) Varanasi. Due to this reason accused felt enmity with the informant. All the above accused reached at the land of the informant on 31-3-2005 at about 8 a. m. and tried to make possession illegally upon the land. After getting such information, informant was going to the area police station to lodge the report against all the accused. They stopped the applicant at about 1. 30 p. m. in the way Dumray Colony Assi and he was abused by them. He was also beaten by them by kicks and fists. Thereafter, his Banque Mobile was snatched by accused persons bearing No. 9839057684. After raising alarm several persons reached there then he was saved, thereafter, they fled away from the place of occurrence after extending threatening to him. This information was given to the area police regarding the occurrence. No action was taken. Then registered letter was also sent to SSP Varanasi. However, no action was taken against the accused then he moved an application under Section 156 (3) Cr. P. C. before concerned Magistrate. Concerned Magistrate passed an order on 26-4-2005 that the application moved under Section 156 (3) Cr. P. C. is treated as complaint and fixed 21-5-2005 to record the statement under Section 2002 Cr. P. C. Feeling aggrieved by it this application has been filed.

(3.) IN the present case, there is the allegation in the application that one Mobile of the informant was also snatched by the accused and same Mobile may be recovered by police after registration and investigation of the case. Learned Court below has not considered this aspect in passing the impugned orders.