ANAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri B.N. Rai, who has put in appearance on behalf of the applicants; Sri M.C. Chaturvedi, who appears on behalf of the informant; and the learned A.G.A. for the State.

(2.) The instant application has been filed challenging an order dated 28.02.2015 passed by the Chief Judicial Magistrate, Jalaun at Orai by which the learned Magistrate at the time of taking cognizance on the police report with reference to case crime no. 1356 of 2014, P.S. Nadigaon, District Jalaun, after taking cognizance of the offences punishable under Sections 147, 148, 149, 342, 304 I.P.C., has proceeded to summon the applicants who though were named in the first information report but not sent for trial by the police.

(3.) The facts, in brief, as they appear on record, are that a first information report was lodged against as many as seven persons namely, Anar Singh (applicant no.1); Ranveer Singh (applicant no.2); Shanker Singh; Ashok; Mangal Singh; Sunil; and Narendra. The allegation in the FIR (Annexure 1 to the application) was to the effect that in the morning of 23.11.2014 when the informant (Vinod Kumar) was travelling form Gopalpura to his village Nadigaon, near village Parasani, he found the accused armed with various weapons standing near their Safari vehicle. Seeing the informant, they stopped the motorcycle of the informant and, thereafter, forcibly took him inside the standing vehicle, which was resisted by Hakim and Giriraj, who were with the informant, but the accused fired at them and chased them away. It is alleged that thereafter the informant was taken by the accused to a house at Sikandarpur where he was assaulted by lathi/ danda and firearm butts including sharp edged weapon. Thereafter, according to the allegations, on exhortation of Anar Singh and Ranu, the informant was further beaten and later, Anar Singh and Ranu fired at the informant, which struck him on his chest thereby making him unconscious and when he regained consciousness he found himself in Nadigaon Hospital.