JAGANNATH VERMA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and the learned AGA for the State..

(2.) BY means of the present petition under section 482 Code of Criminal Procedure (for short Cr.P.C.), the petitioners have prayed for quashing of the impugned order dated 27.1.2015 passed by learned Sessions Judge, Ambedkar Nagar in Criminal Revision No. 168 of 2010 Sheela Devi Vs. State of U.P. and others, whereby the criminal revision filed by the opposite party no. 2 has been allowed setting aside the order dated 18.9.2010 rejecting the application 156 (3) Cr.P.C filed by the opposite party no. 2 and remanded the matter to the learned Chief Judicial Magistrate, Ambedkar Nagar to decide afresh after hearing the parties in accordance with law.

(3.) BRIEF facts for deciding this petition are that opposite party no. 2 Sheela Devi moved an application under section 156 (3) Cr.P.C. before the Chief Judicial Magistrate, Ambedkar Nagar alleging therein that on 18.8.2010 at about 7.00 O' Clock she was sitting on her door. Her brother in law (Devar) Rajman Verma started quarreling with her on account of partition. In this process, Ravindra Verma, Jagannath Verma, Raj Karan Verma, Jai Ram Verma armed with fire arms, Virendra Kumar and Sailendra Kumar armed with lathi, danda and farsa and Rajan Verma armed with country made pistol fired and forcibly opened the door of her house and entered therein. They raised alarm and exhorted to kill her. Opposite Party No. 2 was beaten by lathi and stick. On raising alarm by opposite party no. 2 Savita Devi, Anjali @ Khushbu and Manoj Singh @ Dabloo tried to intervene and to save her. The accused persons also assaulted them. Manoj Singh @ Dabloo was also badly injured on account of fire arm injuries. He was also abducted by them. Jai Singh and Rajan Verma witnessed this incident. Opposite party no. 2 and Manoj Singh alias Dabloo received serious injuries. The Police reached the place of incident and admitted opposite party no.2) in District Hospital where she was medically examined. Manoj Singh @ Dabloo was also struggling with death, was also admitted in Lucknow by the Police. Later on, it was revealed that Ravindra Verma died on account of firing made by accused persons.