GANGA RAM Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been filed by the complainant against judgment and order dated 9th February 2007 passed by the learned Additional Sessions Judge, Court no. 2, Allahabad by which he has set aside the order dated 24th January 2007 passed by the learned Special Chief Judicial Magistrate, Allahabad in Complaint Case No. 2534 of 2005 (Ganga Ram v Gyan Narain and others) under Sections 336, 504 and 506 (2)IPC, Police Station Daraganj, Allahabad. The relevant facts giving rise to the present revision may be summarised as under:

(2.) THE complainant Sri Ganga Ram S/o shri Ram Lal R/o 986-A 1361 Laska Kuti, daraganj, Police Station Daraganj, District allahabad moved an application before the learned Additional Chief Judicial Magistrate-VIII, Allahabad (in short "the Magistrate")under Section 156 (3) of the Code of Criminal Procedure (in short "the Code") against the accused S/sri Gyan Narain Shivpur, kandha, Govind, Vijai Kumar and shatrughan for direction to the Station Officer, Daraganj, Allahabad to register and investigate the case. The complainant in his application has alleged that house No. 986/ 1360, Laska Kuti, adjacent to his house No. 986-A/1360 Laska Kuti, was lying vacant and none was owner of the house. Accused shatrughan S/o Gopali Nishad, who is a man of criminal nature, was in unauthorised occupation of this house (986/1360 Laska kuti ). Accused Gyan Narain, Kandha, govind, Vijai Kumar and Shatrughan had no concern with this house. But accused gyan Narain, pretending himself to be the owner in possession of house No. 986/1360 laska Kuti executed an agreement to sell the house in favour of the accused Kandha and Govind, while he was neither the owner nor in possession of the house. The agreement was forged and fake one. The accused, gyan Narain in the deed of agreement to sell wrongly included a portion of his house No. 986-A/1361 Laska Kuti. On the basis of the forged deed they were adamant to grab the portion of his house, which was included in the forged deed of agreement. The accused, who are men of criminal nature, want to dispossess him. forcibly from the portion of his house wrongly included in the deed of agreement. They use to flow dirty water towards his house and throw garbage etc. , causing nuisance. When he objects them, they use to abuse and threat him with dire consequences so that he may leave his house. The accused usually pelt pebbles towards his house. The accused are in search to abduct his only son Sri Bhola Nath, who is an employee in Cheoki Depot, Allahabad. They are also threatening to kidnap his two grand sons namely, S/sri Ramesh and Mahesh. They also threatened that they will cause their death after abduction.

(3.) THE learned Magistrate allowed the application filed by the complainant and directed the S. O. of Police Station Daraganj to register and investigate the case. The Police after investigation of the case submitted final report in the matter. The complainant filed a protest petition before the learned magistrate against the Final Report submitted by the Investigating Officer and prayed for summoning the accused. The learned magistrate on the basis of the evidence collected by the Investigating Officer found that prima facie offences under Sections 336, 504 and 506 (2) I. P. C were being made out against the accused. Consequently, he allowed the protest petition filed by the complainant and summoned the accused for the aforesaid offences vide order dated 23rd January 2002.