HARI BANS TEWARI Vs. HARI S

JUDGEMENT

(1.) THIS is an application by Hari Bans Tewari, Haridaya Narain Tewari, Bansh Gopal Tewari, Nand Lal Tewari and Chhotey Lal under Section 482 Cr.P.C. for setting aside an order of the learned II Additional Sessions Judge, Ghazipur dated 30th April, 1976 allowing 'a revision of the opposite party Hari Shanker Tewari and setting aside the order of the Magistrate for not summoning the applicants for an offence under Section 307 I.P.C.

(2.) THE facts giving rise to this application are that Hari Shanker Tewari made a complaint on 7th August, 1974 in the court of the Judicial Magistrate, Ghazipur that Hari Bansh Tewari, Haridaya Narain Tewari, Bansgopal Tewari, Nand Lal and Chhotey Lal armed with pistols and spears and Gandasa entered the house of the complainant. THEy started dismantling his Ahata and when he protested Hari Bansh Tewari exhorted his companions whereupon Hridaya Narain fired four shots from his pistol and Nand Lal inflicted a blow with his spear. THE complainant however, escaped injuries. THEreupon other assailants started pelting brick bats causing injuries to him. Learned judicial Magistrate recorded statements of the prosecution witnesses and after considering the same and other evidence on record he was of the view that offences under Section 440, 323 and 452 I.P.C. were made out. He accordingly summoned the accused for those offences. He did not summon the accused for an offence under Section 307 I.P.C.

(3.) THE petition is, therefore, allowed and the order of the learned II Additional Sessions Judge dated 30th April, 1976 in Criminal Revision No. 21 of 1976 Hari Shankar Tewari v. State, is quashed. THE stay order is vacated. THE learned Magistrate is directed to proceed with the trial. Application allowed