RAM SUMER Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri P.R. Tripathi, learned counsel for the petitioners, learned A.G.A. and Sri S.C. Srivastava, learned counsel for the opposite party no.2 and perused the record of the case.

(2.) BY means of this petition, under Section 482 of Cr.P.C., the petitioners have prayed for quashing the impugned summoning order dated 18.08.2012 passed by learned Judicial Magistrate, Court No.23, Sultanpur as well as the entire criminal proceedings of Complaint Case No.891 of 2007 (Smt. Jokhna Devi Vs. Ram Sumer and others), under Sections 147, 148, 452, 323, 504, 506, 427 IPC, Police Station Amethi, District Sultanpur.

(3.) BRIEF facts for deciding this petition are that opposite party no.2 Smt. Jokhna Devi filed a criminal complaint against the petitioners on 10.11.2004 with the allegations that on 15.10.2004 at about 11:00 AM, the petitioners opened the channel of main gate and entered into her house forcibly. Petitioner Mathura slapped her and also assaulted by fist and on the gun point directed to sit on the cot and asked her, if she raise alarm, she will be killed. Thereafter, the accused persons took away her food grains, pots and cloths along with ornaments whereby they caused loss of Rs.50,000/ -. The accused persons also broken the cots, Takhat along with other domestic articles. They also damaged the roof of the house, which was made from 'Nariya' and 'Khapara'. They also damaged the another house of the opposite party no.2. The accused persons freed the Ox and Buffalo by opening their strings and damaged the cattle pots. Since that day, two Buffalo and an Ox are also missing. It seems that these animals have been sold by the petitioners. They also abused in filthy languages and threatened her with dire consequences. Due to fear of the petitioners, she left the village and started living in her relations. The aforesaid incident was witnessed by Ram Abhilakh, Ram Naresh and others. She tried to lodge the FIR but FIR was not lodged then she was compelled to move this complaint. It has also been stated in the complaint that she has three sons, namely, Siya Ram, Ram Surat and Shatrudhan. They have been falsely implicated in criminal cases by the petitioners and they have been detained in District Jail. The husband of the complainant is living outside the village. After recording the statements under Sections 200 and 202, Cr.P.C., the case was proceeded and by the impugned order, the petitioners have been summoned.