RADHEY SHYAM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) By means of the present petition under section 482 Code of Criminal Procedure (for short "Cr.P.C.") the petitioner has prayed for quashing of the order impugned dated 31.7.2012 passed by Additional Chief Judicial Magistrate, Court No. 17, Sultanpur in Complaint Case No. 2215 of 2011, whereby the petitioner and seven others have been summoned to face the trial under sections 147,323,427,504 and 506 IPC P.S. Dhammaur, District Sultanpur and also the proceedings initiated in pursuance thereof.

(2.) Brief facts for deciding this petition are that opposite party no.2 Asad Ullah moved an application under section 156 (3) Cr.P.C. on 3.9.2011 before the learned Magistrate against the petitioner and seven others alleging therein that petitioner with his associates including labourers armed with sticks and fire arms on 1.9.2011 at 10.30 a.m. came at plot no. 44Ka and 55Ga situate in village Noorpur, Mampur, Pargana Meeranpur, Tehsil and District Sultanpur belonging to opposite party no. 2 and forcibly started digging the land of the aforesaid plots to construct the road. At that time the opposite party no. 2 was alone in his house. The petitioner and his associates abused him in filthy language and demolished the boundary wall of his Sahan and entered therein. They also dismantled his grocery shop and took away the items kept therein along with tin shed, by which the shop was covered. They also cut the trees of guava and neem standing on the boundary wall, which were about ten years old. They also thrown out the Kolhu (sugar crusher) installed in the Sahan of the opposite party no. 2 and after digging out the boundary wall constructed the road thereon. Thus they caused loss of several lacks of rupees to opposite party no. 2. When the family members of opposite party no. 2 tried to stop the petitioner and his associates, they were abused by them. Upon protest, they assaulted opposite party no. 2 by catching his hair and bolted him in room. Their hellish action was continued till 3.00 p.m. It is also alleged therein that wife of petitioner is presently Village Pradhan and wife of Vijai Kumar is also Village Pradhan of Dhammaur Village Panchayat. They are bully persons. The opposite party no. 2 went to police station Dhammaur to lodge a first information report against the petitioner and his associates. The Station Officer of police station Dhammuar did not lodge the report and threatened him to challan in Gangster Act. In this regard, opposite party no. 2 gave applications to the police authorities, but no action has been taken thereon.

(3.) The application under section 156 (3) was treated as complaint by the learned Magistrate vide order dated 17.11.2011. The statement of opposite party no. 2 and his witnesses were recorded under sections 200 and 202 Cr.P.C. and after considering the material on record the learned Magistrate proceeded to summon the petitioner and seven others named in the application under section 156 (3) Cr.P.C.