RAM SURAT SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Applicants-Accused have filed this application under Sec. 482 Code of Criminal Procedure for quashing of the Complaint Case No. 1228 of 2011; titled Udai Raj vs. Ram Surat Singh and others, as well as the impugned summoning order dtd. 27/2/2016 passed by Additional Chief Judicial Magistrate-II, Faizabad, whereby they have been summoned for alleged commission of offences punishable under Ss. 504 and 506 IPC, and the entire proceedings arising therefrom.

(2.) The facts in brief leading to the petition are that initially on the basis of a complaint given by Udai Raj-opposite party no. 2, a Case Crime No. 42 of 2011, under Ss. 419, 420, 467, 468, 471, 120-B, 504, 506 IPC and Sec. 3(1)(X) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Haiderganj, District Faizabad (Annexure No. 8) was registered, wherein it is alleged that he belongs to a scheduled caste category and is a poor person. The land comprised in Gata No. 638 situated at Village Baintikala, Police Station Haiderganj, District Faizabad is in the name of his mother, and the accused namely Ram Surat Singh alongwith his sons exercised influence upon the officials of the Consolidation department, and by using a forged compromise purportedly on behalf of complainant's mother got the said land entered in their favour. The officials of the Consolidation department also connived with them, and in this regard, on 28/11/2010, when complainant asked for information from Ram Surat Singh, in response, they all abused him in the name of his caste and extended threats. A complaint was given to the police, but no action was taken, therefore, the complainant resorted to Sec. 156(3) Cr.P.C., whereupon the above noticed FIR was registered.

(3.) After registration of the case, the investigation was conducted, and finally, nothing incriminating was found against the accused persons, who were declared innocent through the final report under Sec. 173(2) Cr.P.C. dtd. 28/4/2011 (Annexure No. 11).