SADHUSARAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants and learned A.G.A. representing the State. Perused the records.

(2.) This application under Section 482 Cr.P.C. has been filed with a prayer to quash the entire criminal proceeding of Complaint Case No. 2287 of 2017 (Ramsaran Vs. Sadhusaran and others) as well as summoning order dated 06.09.2019, under Sections 323, 504, 506, 451, 354, 379 I.P.C., Police Station Kotwali, District Maharajganj, pending in the court of learned Judicial Magistrate, Maharajganj.

(3.) From the very perusal of NCR, got lodged by applicant no. 5 Virendra against Ramsaran, Om Prakash, Dinesh and Smt. Jadawati, it is apparent that the occurrence was of 24.07.2014 at 7 AM, whereas present incident is three years delayed one, which occurred on 09.05.2017 at 5 PM. This has specifically been written in complaint by Ramsaran that on 09.05.2017 at 5 PM accused persons, namely, Sadhuram, Meena Devi, Dharmendra, Ravindra, Bablu and Virendra came there. They all did abuse and when protested became furiated. Complainant rushed inside his home, where they all did criminal tress-pass and assaulted him. Thereby, caused damage worth Rs.2000/-. In between, Smt. Jadawati Devi, wife of complainant, intervened. Then, Dharmendra and Ravindra did outraged her modesty upon exhortation made by Sadhuram. She was taken by them under force. Upon rescue call, Amarjeet, Surendra, Asharfi and others have rushed. The accused persons left spot while extending threat of dire consequences. This complaint was filed on 15.05.2017. Magistrate took cognizance over it and proceeded the same as complaint case, wherein complainant Ramsaran was examined under Section 200 Cr.P.C. He was fully intact and reiteration of same contention is there. Thereafter, two witnesses were examined under Section 202 Cr.P.C., who too have corroborated the occurrence and on the basis of those evidence collected during inquiry made by Magistrate and by application of judicial mind. Impugned summoning order has been passed wherein Sadhusaran, Dharmendra and Ravindra have been summoned for offence punishable under Sections 323, 504, 506, 451, 354 I.P.C. and Bablu and Virendra have been summoned for offences punishable under Sections 323, 504, 506, 451, 379 I.P.C. This summoning was on the basis of evidence collected by Magistrate during its inquiry.