PREMPAL Vs. STATE OF U.P.

JUDGEMENT

(1.) The applicants namely, Prempal, Udaiveer, Gulbeer, Yashpal and Vaibhav, by means of this application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of the Court with prayer to quash the judgment and order dated 17.7.2019 passed by Sessions Judge, Baghpat, in Criminal Revision No. 53 of 2019, Prempal and others. Vs. Smt. Dharmveeri and another, arises out of complaint Case No. 502 of 2018, whereby Judicial Magistrate Baghpat issued summoning order dated 17.11.2018, under Sections 452, 323, 504 IPC, P.S. Chhapra, District Baghpat. Heard learned counsel for the applicants and learned A.G.A. for the State.

(2.) Learned counsel for the applicants argued that for same occurrence, a report was lodged at police station concerned on 29.2.2016 at 8:45 A.M., by informant Netrapal Singh against Udaiveer, Gulbeer, Satveer and Omveer, for offence punishable under Section 323, 336 IPC, for above occurrence of 28.2.2016, wherein Dharamveeri and her grand-daughter was said to have been assaulted by accused persons. Subsequently, charge-sheet in above case was filed wherein cognizance was taken but with malicious contention this subsequent complaint was filed against five accused persons with embellishment of facts wherein impugned summoning for offence punishable under Sections 452, 323, 504 IPC, was made. This order was challenged in criminal revision before Court of Sessions but Session Judge passed impugned order, whereby, criminal revision was dismissed. Hence, for ensuring end of justice, this application has been filed with above prayer. Learned AGA has vehemently opposed the above prayer.

(3.) From the very perusal of FIR, it is apparent that report was got lodged by Netrapal Singh, who was not injured in above case but even in above application name of four to eight persons was there and two victims was there. Time and sequence was said. Medical examination of victims were written in it. Subsequently, this complaint by victim Smt. Dharamveeri was filed with above contention of assault on above, date, time and place by those accused persons, who are neighbours and resident of same village, wherein, complainant Dharamveeri and her grand daughter were assaulted by those accused persons. Magistrate took cognizance over it and examined complainant under Section 200 of Cr.P.C. where there is full reiteration of contention made as in complaint. Three persons were examined under Section 202 of Cr.P.C. and they are in full corroboration of the contention of complaint. Accordingly, impugned summoning order was passed and it was based on the basis of contention made in complaint and evidence collected in inquiry by Magistrate.