RADHEY SHYAM Vs. STATE OF U P

JUDGEMENT

(1.) SHIV Shanker, J. This application has been filed under Section 482 Cr. P. C. on behalf of Radheyshyam and others, applicants praying to quash the entire further proceedings in Criminal Case No. 71 of 2004, Kamal Kant v. Radhey Shyam, pending in the Court of Special Judge (D. A. A.), Etawah, under Sections 395 and 397 I. P. C. , P. S. Balraie, District Etawah. It was further prayed to quash the summoning order dated 4-7-2004 passed by the Court below.

(2.) BRIEF facts of this application are that Kamal Kant Sharma s/o Ramadhar, complainant filed an application under Section 156 (3) Cr. P. C. against the accused persons Radheyshyam, Chandrmaul, Munnu, Teny, Virbal, Ravi, Sunil, Guddu, Vinod, Subodh and Pankaj was moved before Special Judge, (D. A. A.), Etawah wherein it was stated that all the accused persons are notorious and habit of criminal activities. Therefore, they usually usurped the land illegally from others in their village. On 30-7-2002 at about 8. 00 p. m. all the above accused persons armed with Axes, Dhariya, Tamancha and guns reached at the door of complainant. Thereafter, accused Radheyshyam and Chandrmaul armed with guns and Ravi, Birbal and Subodh, accused armed with Tamancha opened fire upon the complainant at the instigation of Radheyshyam, accused. Windows were broken by the accused persons from axes and dhariya. At the same time, Suresh Kumar Sharma, brother of the complainant reached there and objected. Consequently, he was also beaten by Radheyshyam and Chandrmaul with the butt of the gun. He sustained grievous injuries. After breaking door of the complainant, they entered in the house and looted costly items and door. This incident was witnessed by complainant and his family members and other persons, who were present at the time of the occurrence. Thereafter, complainant rushed to the police station Balraie immediately and gave information and submitted written application regarding the occurrence to the Station House Officer of Police Station Balraie but no action was taken upon it.

(3.) FEELING aggrieved by it, this application under Section 482 Cr. P. C. has been filed.