NARAIN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) A family consisting of three uterine siblings Narain Singh, Raghubir singh, Indrapal Singh along with two sons of Narain Singh namely Rajiv Kumar and yadvendra have filed this Criminal Misc. Application u/s. 482 Cr. P. C. , with the prayer that entire proceedings of F. R. Case no. 70/05 (Sudha v. Narain Singh and Others) including the summoning order dated 30-7-2007 (Annexure 22) passed in the aforesaid case u/s. 395, 354, 504 and 506 ipc, P. S. Uldan, district Jhansi, pending before the Special Judge (DAA) Jhansi, be quashed. The ancillary prayer is for stay of further proceedings of the aforesaid case.

(2.) THE facts generating this Criminal Misc. Application briefly stated are that the respondent No. 2 smt. Sudha w/o Balram Nayee, is a resident of village Banrauni, P. S. Uldan, district Jhansi. Her co-villagers applicants narain Singh, Raghubir Singh, Indrapal singh, Rajiv Kumar and Yadvendra reside in front of her house across the public way. It is alleged that the said public way had been blocked by the applicants, because of which smt. Sudha was feeling difficulty of passage for her and for her live stocks. On her request for removal of the encroachment, she was threatened and therefore, she lodged a case before the concerned Sub Divisional magistrate, which generated animosity between the two parties.

(3.) ON 18-1-2004 at about 10 a. m. , when the respondent No. 2 was sweeping her house in the presence of her father-in-law asha Ram and her husband Balram, all the applicants trespassed into her house filthily abusing and threatening. Two of the applicants Indra Pal Singh and Rajiv Kumar were armed with guns. They challenged that no body can do any harm to them as the police is siding with them and they will condon the disputed land. Respondent No. 2 rushed to save her husband and objected the challenge, on which Narain Singh and raghubir Singh pulled her sari and turned it off. To save her prestige in half naked condition, respondent No. 2 entered in her house. Indrapal, Rajiv Kumar and yadvendra chased her inside her house opened a box and looted Rs. 2000/ -. While retreating, they also hurled threats and committed theft of a trolley of cow dung cakes.