SHIV NARAIN JAISWAL Vs. STATE OF U P

JUDGEMENT

(1.) This is an application under section 482 Cr.P.C. for quashing the proceedings of criminal case no. 3025 of 2002, Abhay Pratap Singh Vs. Shiv Narain Jaiswal and others, pending before the the Chief Judicial Magistrate, Azamgarh and the orders dated 23.9.2002 and 2.1.2003 passed by the Chief Judicial Magistrate, Azamgarh. I have heard learned counsel for the applicants and learned A.G.A. for the State.

(2.) The facts relevant for disposal of this application are that Abhay Pratap Singh, (O.P.No.2 in this case) moved an application under section 156(3) Cr.P.C. against the accused applicants with these allegations that he is an Advocate practising in civil court, Azamgarh. He had purchased a piece of land bearing plot no. 485 in Mauza Kolwaz Bahadur for construction of his house and after getting his name mutated he started construction of the house in accordance with sanctioned map. Prem Narain and Shiv Narain etc. (applicants in the present case) had their land adjacent to the aforesaid land and they objected to these constructions hence, the plots of both the parties were surveyed and a report was submitted to higher authorities which made it clear that Shiv Narain etc. have no concern with the land of Abhay Pratap Singh. The authorities were also satisfied on seeing the documents of Abhay Pratap Singh and Abhay Pratap Singh after completing the construction of walls on 10.9.2002 put roof on the walls, and on that date at about 11 P.M. accused Prem Narain, Shiv Narain and two sons of Prem Narain along with their 3- 4 companions came to the newly constructed house of Abhay Pratap Singh. They were having lathis, Dandas, Ballam, Gandasa, and country made pistol in their hands. Abhay Pratap Singh was present at his newly constructed house along with Avnind Singh and Mundesh Singh. Prem Narain and his companions started abusing them and challenged Abhay Pratap Singh, Avnind Singh and Mundesh Singh, and fired at them with an intent to kill them. The assailants were identified in the light of torches. They demolished the roof of the house and caused loss to the complainant to the tune of Rs.30,000/-. They also took five bags of cement, four Phawaras, two Belchas and three Balties with them. Fires were done by the accused persons from their fire arms but the complainant and his companions some how escaped injuries. The complainant went to the police station to lodge a report but his report was not written. When the local police did not take any action, Abhay Pratap approached the higher Police authorities vide his application dated 11.9.2002 which was sent by Registered Post. Even then no action was taken. Then he moved this application under Section 156(3) Cr,P.C. for taking action against the accused persons who had committed offences under sections 504, 506, 147, 148, 149, 440, 307 and 379 I.P.C.

(3.) On the above application moved on 17.9.2002, the Magistrate passed an order on 23.9.2002 for its registration as complaint and fixed a date for recording statement of the complainant under section 200 Cr.P.C.. After recording statement of the complainant he also recorded the statements of witnesses Awanind Singh and Mukesh Singh under section 202 Cr.P.C. Then he passed an order on 2.1.2003 summoning the accused applicants under sections 147, 148, 149, 379, 354, 440, 504 and 506 I.P.C. Aggrieved with the orders dated 23.9.2002 and 2.1.2003 the accused filed this application under section 482 Cr.P.C. for quashing these orders.