NARENDRA KUMAR SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned A.G.A. for the State and peruse the record.

(2.) This application Under Article 227 of the Constitution of India has been filed by Narendra Kumar Sharma against State of U.P. and 7 others with a prayer for setting aside the impugned judgment of IVth Additional District and Sessions Judge/Special Judge, Bijnor, dated 23.08.2018, passed in Criminal Revision No. 359 of 2014, (Narendra Kumar Sharma vs. State of U.P. and others), whereby order of Chief Judicial Magistrate, Bijnor passed in Criminal Complaint Case No. 1321 of 2015, (Narendra Kumar Sharma vs. Pankaj Kumar Saxena and others), under Sections 392, 323, 504, 506 IPC, P.S. Heempur, dated 17.11.2015, has been confirmed, wherein complaint was dismissed under Section 203 Cr.P.C.

(3.) Learned counsel for the applicant argued that Araji No. 317 of village Sisona is recorded land of pond and it is property of Gram Sabha, for which a case in the court of Civil Judge Chandpur is pending, which was filed by complainant. The court of Tehsildar (Judicial) Chandpur, has passed an order for removal of illegal encroachment over this pond and a fine has been imposed against encroacher Pankaj Kumar Saxena, Tehsildar Chandpur, in connivance with Man Singh, Gram Pradhan, Pankaj (Lekhpal), Ramautar (Patwari) and Rameswar Rana, are permitting above encroachment. An application before the Chief Minister, U.P., was moved, on which a direction for inquiry was made. On 08.02.2015 at about 11.00 a.m. these accused persons tried to get earth filled at Araji No. 317 under work of National Rural Employment Guarantee Act (hereinafter referred as NREGA). This was against the order of Tehsildar (Judicial) Chandpur. A protest was lodged by complainant while above pond was being filled. Those accused persons had caught and assaulted the complainant, wherein Pankaj Kumar Saxena used filthy abuses and then on his exhortation, rest of accused persons assaulted him by kicks and fists. Upon rescue call, many persons of village reached on spot, they intervened and managed to save him from accused persons. Accused Roop Chand snatched a cash of Rs. 5,750/- from complainant and those accused persons, extended threat of dire consequence to kill him, if any complaint is made. Thereafter, he went to police station for filing complaint, but his report could not be lodged at police station. Hence an application under Section 156 (3) Cr.P.C. was moved, which was treated to be a complaint, in which he was examined himself under Section 200 Cr.P.C. and his two witnesses were examined under Section 202 Cr.P.C. Thereafter, complaint was dismissed under Section 203 Cr.P.C. There was prima facie sufficient evidence for summoning all accused persons, but trial Magistrate failed to appreciate facts and evidence on record.