RAMESH Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Rastogi, J. This is an application under Section 482, Cr. P. C. to quash the order dated 30. 4. 2004 passed by the Judicial Magistrate, Mathura in complaint case No. 105 of 2003, Ramesh v. Dibban and others, and the order dated 28. 10. 2004 passed by the Addl. District and Sessions Judge, Court No. 1, Mathura in Criminal Revision No. 360/04, Ramesh v. State.

(2.) THE facts relevant for disposal of this application are that the applicant had moved an application the S. S. P. Mathura on 11. 2. 2001 with these allegations that he was resident of village Semra police station Shergarh district Mathura and on the above date at about 9 A. M. complainant's real brother Mukesh and cousin brothers Pramod and Mahesh had gone to Shyam Kund to take bath. THE accused Dibban, Prem Chandra, Hukam, Sunil, Raju, Dalchand and Chetram, who had pistols, guns and lathies with them assaulted Pramod, Mukesh and Mahesh. THE accused abused them and stated that they would not spare Pramod, Mukesh and Mahesh and on exhortation of Hukam, Sunil, Chetram, Dibban and Raju fired at them with an intent to kill them. THE fire done by Sunil hit Mukesh, that done by Chetram hit Pramod but fires done by Raju and Prem Chand did not hit any one. Dal Chand gave a lathi blow to Mahesh. Upon noise Shiv Ji, Durga, Bhajan Lal, Vinod etc. of the same village reached there, who witnessed the incident and protected Pramod, Mukesh and Mahesh. THE accused persons went away towards jungle threatening to kill them. Ramesh was taking the injured to the police station but the accused had obstructed the way. THEn lie took them to Methodist Hospital at Mathura where their treatment was going on. It was, there fore prayed that action should be taken and the Station Officer of the police station should be directed to register a case against the accused persons.

(3.) I have heard learned Counsel for the applicant as well as the learned A. G A. for the State,