HARISH CHANDRA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This petition has been filed on behalf of petitioners seeking the quashing of order dated 16.02.2018 passed by Civil Judge (S.D.)/A.C.J.M. Kaushambi whereby the final report has been rejected and cognizance of the matter has been taken and the accused have been summoned in F.R. Case No.9/2018 (Virendra Kumar Singh vs. Harish Chandra Singh and others), u/s 392, 354(B), 323, 504, 506 I.P.C., P.S.-Mahevaghat, District-Kaushambi arising out of Case Crime No.151/2017 as well as order dated 29.6.2019 passed by the learned Session Judge in Criminal Revision No.22 of 2019 (Harish Chandra Singh vs. State of U.P. and others) whereby the aforesaid order passed by the Magistrate has been affirmed. The entire proceedings of aforesaid case has also been challenged.

(2.) It is a case in which the F.I.R. was registered by one Virendra Singh against accused Harish Chandra Singh, Shiv Sewak Singh and Raj Narayan Singh u/s 392, 307, 354B, 323, 504, 506 I.P.C. in Police Station Mahewa Ghat, District Kaushambi with the allegations that on 18.4.2017 at about 1.00 P.M. the first informant was going to Village Chandrai along with his wife Neelam Devi in order to participate in the Tilak ceremony. When he reached near Dhata Mod a Scorpio car numbering UP73 D 9890 came up there and intercepted them. Accused Harish Chandra Singh, Raj Narayan Singh and Shiv Sewak Singh, who were armed with firearms, came out from the Scorpio. Accused Raj Narayan put the firearm on the first informant's chest and then a criminal assault was launched upon the first informant and his wife. The first informant was badly beaten up. Filthy abuses and invectives were hurled and during the course of verbal abuses the accused also uttered and gave expressions which aimed at molesting the first informant's wife. Accused Harish Chandra Singh and Shiv Sewak Singh made an indecent assault upon the first informant's wife and tore off her blouse which she was wearing and started dragging her away. The first informant resisted all this blatant assault on which Raj Narayan Singh fired the shot at him which missed the aim and he got a narrow escape. The first informant raised hue and cry, on which some other persons like Virendra Singh and Umesh, who were also going in the invitation, came up there and somehow the life of the first informant and the modesty of his wife could be spared. The accused also snatched the golden earrings and the golden chain from first informant's wife which she wore at the time of incident. According to the allegations the first informant was also medically examined and treated for the injuries which he had received in the said occurrence. It appears from the allegations that initially the local police did not cooperate and showed reluctance in registering the F.I.R. which impelled the first informant to move an application u/s 156(3) of Cr.P.C. upon which eventually the F.I.R. was registered. After registration of the F.I.R., the investigation commenced but the final report in the matter was submitted in the Court. It transpires that after following due procedure the A.C.J.M., Kaushambi rejected the final report and took cognizance of the matter and proceeded to summon the accused. Aggrieved by the said summoning order a revision was filed on behalf of the accused in the court of Sessions but the same also did not find favour of the Court and got dismissed. Now the accused-applicants have challenged the orders passed by the courts below by way of filing the present petition under Article 227 of the Constitution of India.

(3.) Heard learned counsel for the petitioners as well as learned counsel for opposite party nos.2 and 3. Learned A.G.A. for the State has also been heard and the record has been perused.