KRASHNKANT Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri I.K. Chaturvedi, Senior Advocate assisted by Shri Ganga Bhushan Mishra, learned counsel for the applicants, Shri Pratap Kanchan Singh, learned counsel for the complainant and learned A.G.A. for the State.

(2.) This application has been filed under section 482 Cr.PC seeking quashing of summoning order dated 29.03.2019 passed in Criminal Complaint No. 2320 of 2018 (Tika Ram Vs. Krashna Kant and others), by learned CJM, Jhansi, under section 147, 148, 302, 352 IPC, P.S. Lahchura, District Jhansi as well as entire proceedings of the aforesaid complaint case including the order dated 21.07.2018, passed by learned CJM, Jhansi, whereby the learned Magistrate after rejecting the final report submitted in the case crime No. 0056 of 2018, under section, 147, 148, 302, 352 IPC, P.S. Lahchura, District Jhansi, treated the Protest Petition of the opposite party no. 2 as a complaint.

(3.) According to the FIR, the alleged incident took place on 9/10.04.2018 at about 1 a.m. in the night and opposite party no. 2 lodged FIR which was registered as crime no. 0056 of 2018, under sections 147, 148, 302, 352 IPC. In the FIR it was alleged that opposite party no. 2 and his wife with his son Lal Singh were present at their agricultural field for crop harvesting in the night, thereafter, Lal Singh proceeded to his house and when he arrived near his house at about 1 a.m., suddenly the named accused persons who were armed with Lathi and country made pistol, made an assault upon him. Upon hearing his voice, younger son Ram Kumar and his wife and wife of Lal Singh came out side the door and saw that the accused persons were armed with lathi and country made pistol and after challenging the accused persons, they escaped from the spot, after committing scuffle with his son. Thereafter, his son Ram Kumar picked up Lal Singh and informed him. The police was called and thereafter he came to police station with injured son on Maruti van. The police took his injured son to hospital at Mauranipur from where he was referred to District Hospital, Jhansi. On the way his son expired in the vicinity of the village Sakrak. It was further alleged in the FIR that there was old enmity going on with the accused and that is why his son was murdered by them. The matter was investigated by police and after concluding investigation a final report dated 17.04.2018 was submitted to the court, in which it was also requested that a proceedings should be initiated under section 182 IPC against the informant.