RAJJAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri R.K. Mishra, learned counsel for the applicants, Shri Rajendra Prasad Shukla, learned counsel for the opposite party nos. 2 and 3 and Sri Rajesh Kumar Gupta, learned A.G.A. for the State.

(2.) The instant application under Sec. 482 Cr.P.C. has been filed seeking quashing of the order dtd. 7/10/2024 passed by Addl. Chief Judicial Magistrate, Court No 3 Kanpur Dehat in Warrant Case No. 1904517/2010 (Complaint Case No. 4517/2010) (Anand Kumar Singh Vs. Rajjan Singh and others) under Sec. 147, 148, 149, 307, 336, 452, 504, 506(2) IPC police station Derapur District Kanpur Dehat as well as entire proceedings of the said case.

(3.) Brief facts of the case are that husband of opposite party no. 2 and father of opposite party no. 3, namely, Anand Kumar Singh has filed an application under Sec. 156(3) Cr.P.C. alleging therein that the applicants no. 3 and 5 had stolen the Gun of the said Anand Kumar Singh regarding the same a case was pending before the Judicial Magistrate II, Kanpur Dehat at Kanpur and 7/1/1994 was the date fixed for deposition of Anand Kumar Singh in the said case. The applicants herein put pressure upon the said Anand Kumar Singh not to depose in the said case against the applicants no. 3 and 5 which was refuted by the said Anand Kumar Singh. On 6/1/1994 at about 10.00 a.m. in the morning the applicants herein with intention to kill the said Anand Kumar Singh and other family members armed with Gun, country made pistol and Lathis came to the house of said Anand Kumar Singh and started pelting bricks and stones. The applicants no. 1 and 7 and Jai Bahadur Singh started firing from their Guns. Thereupon the said Anand Kumar Singh entered into his house to save himself. Thereupon the applicants started beating his wife Nirmala Devi and son Neeraj Kumar, who are the opposite party nos. 2 and 3 herein respectively. The said Anand Kumar Singh went on the roof and started firing in self defence. In between various villagers gathered there. Thereupon the applicants herein ran away from the spot and while running away they have snatched a golden chain from the neck of opposite party no. 2 and they also dishevelled house hold goods. Due to fear of the applicant he could not approach the police same day. However, on the next day he reached to Kanpur to attend the hearing of the case and moved an application before the S.P. Kanpur personally and also through registered post but nothing has been done. However, a false case was registered against the said Anand Kumar Singh by the police. The said application under Sec. 156(3) Cr.P.C. made by Anand Kumar Singh was treated as a Complaint case. During the said incident the opposite party no. 2 and 3 sustained the following injuries :