VIRENDRA Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. An application under Section 156 (3), Cr. P. C. was filed by Prabhu Nath Chaubey, respondent No. 2, in the Court of Civil Judge (Junior Division)/judicial Magistrate, Kasia against 16 persons arrayed as accused, including the 8 applicants. His application under Section 156 (3), Cr. P. C. was rejected by the Magistrate vide his order dated 15-4-2005 on the ground that no cognizable offence is made out by the aforesaid application. Prabhu Nath Chaubey resultantly laid a complaint -being Complaint Case No. 168 of 2005 in the Court of Judicial Magistrate, Kasia against 15 persons only for the offences under Sections 147, 148, 452, 427, 323, 504, 506, 392 I. P. C.

(2.) THE allegations levelled in the complaint were that during consolidation proceedings plot No. 396 having an area of 7 decimal was allotted to the complainant Prabhu Nath Chaubey. THE accused persons named in the complaint, including the applicants, wanted to dislodge the complainant from the said plot. Motivated by the aforesaid reason on 10-4-2005 at 8. 00 a. m. the 15 named accused persons, including the applicants, armed with Khanti, Lathi and Danda, entered into the house of the complainant and started demolishing his eastern side wall. When the wife of the complainant and his daughter tried to stop them from committing the mischief, then the accused Virendra instigated the other accused persons for annihilating the complainant. On the said instigation of Virendra, Ravindra, Mahatam, Babban, Rajmangal, Jai Singh etc. assaulted the complainant, his wife Ramawati and daughter Shyama from Lathi and Danda. Accused Jai Singh, and Virendra snatched away the neckless and golden ear-rings of the wife of the complainant and thereby caused damage of Rs. 7,500/- to him. THE shriek of the complainant's side attracted Ram Naresh, Sabaroo and several other villagers towards the spot, who intervened into the matter and saved the life of the complainant. By demolition of the wall of the complainant a damage of Rs. 7,500/- was caused to him. THE complainant got himself, his wife and daughter medically examined in the Government Hospital, Kasia. Since the First Information Report was not registered against the culprits, the complainant filed the complaint in the Court.

(3.) I have heard Sri C. P. Mishra, learned Counsel for the applicants in support of this application and the learned A. G. A. in opposition.