VANSHU Vs. STATE OF U P

JUDGEMENT

(1.) THE revisionists Vishnu aged about 60 years and his two nephews pancham Ram and Ram Kesh were assaulted by Jawahar Lal, Som Raj, Ori Lal, girdhari, Bhagwan Das, Raju and Magala prasad with bricks on 27-1-2007 and the malefactors also damaged the drain which was got constructed by the applicant. When the revisionist entered into his house to save his life, assailants also entered into his house and beat him with lathi and dandas. Satya Narain, Ram Jag and co-villagers witnessed this assault, who saved the life of the revisionist. Accused persons left the spot hurling filthy abuses and threatening. Revisionist got him self medically examined in the district hospital Basti where as his nephews got themselves medically examined in phc Rudhauli. Police did not register FIR of victim in spite of application to the higher police officials and the police on the contrary, arrested the nephews of the revisionist. Since the FIR of the revisionists was not registered he wielded the power of Judicial magistrate Ist, Basti under Section 156 (3), cr. P. C. who finding prima facie cognizable offence being disclosed ordered for registration of FIR and investigation of the offence vide his order dated 27-2-2007.

(2.) THE said order for registration of FIR and investigation dated 27-2-2007 was challenged by the accused persons before the sessions Judge, Basti in Criminal Revision no. 222 of 2007 who vide his impugned order dated 14-5-2007 set aside the said order of registration of FIR and investigation hence this revision by the victim to set aside the order dated 14-5-2007 passed by Sessions Judge Basti in the aforesaid revision.

(3.) I have heard Sri R. K. Srivastava, learned counsel for the revisionists and the learned AGA in opposition.