RAMESHWAR Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Rastogi, J. This is a revision filed against the order dated 26-4-2006 passed by then Chief Judicial Magistrate, Aligarh on the application under Section 156 (3), Cr. P. C. bearing case No. 64/11/2006 moved by the Revisionist against opposite parties No. 2 to 5.

(2.) THE facts relevant for disposal of this revision are that the applicant revisionist moved the above application under Section 156 (3), Cr. PC. against the accused opposite parties No. 2 to 5 with the allegations that on 13-5-2003 at about 12 o'clock the accused Khubi Singh had beaten his son in the jungle and the report of that incident had been lodged by him, and the injuries of his son were also medically examined on 14-5-2006 at the PHC, Khair. THEre is a gang of Khubi Singh, Man Singh, Nepal Singh and Rameshwar S/o Gopal accused oppo-site parties No. 2 to 5, and they have inimical terms with the applicant Rameshwar. THE applicant's father Har Prasad was allotted a plot of 200 sq. yards in the land of Gram Samaj bearing Gata No. 1025. Har Prasad constructed his house thereon about 40-45 years ago. Man Singh etc. with a view to damage the complainant got notices issued to him from the office of the Tehsildar in respect of the land. On 28-1-2006 at about 7:30 to 8:00 a. m. Man Singh, Khubi Singh, Nepal Singh and Rameshwar were doing mar-peer with Yad Ram, Pope Singh, Vijay Pal, and Raj Pal in front of the house of Raj Pal. Man Singh and Khubi Singh had pistols, Nepal Singh had a lathi and Rameshwar had an iron rod with him. THE complainant's son Kallu rushed towards the spot on hearing noise and the complainant's wife Munni Devi followed him. THE complainants minor son also reached there and some other persons named Pappu, Sheo Charan and the complainant also reached there. Man Singh stated that Kallu should be killed. Khubi Ram supported him. THEn Man Singh and Khubi Ram fired at Kallu from the pistols in their hands. Consequently, Kallu received fire arm injuries and fell down. Rinkoo also received some pellets in the incident. THE applicant Rameshwar and his wife took Kallu to the Medical College, Aligarh, where the doctors told that he had already died. THEreafter, the applicant Rameshwar came to know that Man Singh in collusion with the police at police station Khair had lodged a false report at the police station on 28-1-2006 in his defence. When the complainant went to the police station to lodge his report on 29-1 -2006 it was not written. THEn he filed an appli cation to the S. S. R, Aligarh on 31-1-2006 but no action was taken. On the other hand, the police of P. S. Khair came to his house on 20-2-2006 and threatened his son Kamal Singh that he should not say even a single word against Man Singh etc. THE complainant sent intimation of this incident to the S. S. P. on 21-2-2006, and also narrated this incident to the S. S. P. personally. Even then his report was not lodged. THEn on 7-3-2006 he moved an application under Section 156 (3), Cr. PC. the Court called for a report from the police station and several dates were fixed, and ultimately 12-4-2006 was fixed. On that date, curfew was imposed in the city, and so the Courts were closed. THE Courts re-opened on 15-4- 2006, and the date 20-4-2006 was fixed in that case. However, the complainant could not get infor mation of that date, and so the above application was rejected in his absence THEn he moved the present application for the same purpose on 25-4-2006.

(3.) SINCE there is no provision for issuing notice to the accused prior to passing of the summoning order, no notice was issued to the accused opposite par ties No. 2 to 5 in this revision.