(1.) Heard finally with the consent of both the parties.
(2.) In this petition u/s 482 of Code of Criminal Procedure (hereinafter referred to as "Code"), the petitioner has assailed the legality, validity and propriety of the order dated 05.3.2019 passed in Criminal Case No. 199/2019 passed by the Judicial Magistrate First Class, District Datia, whereby the application filed u/s 156(3) of the Code has been rejected and the application has been treated as complaint u/s 200 of the Code. Moreover, the petitioner has been directed to keep the witnesses present before the Court.
(3.) The brief facts leading to filing of this case are that the petitioner and his family are residing in village Lakhanpur, P.S. Basai, Tehsil & District Datia. The petitioner's wife is the Sarpanch of Gram Panchayat Lakahanpur. On the fateful night of 19.1.2019, the proposed accused persons arrived at his house at 11 PM and began hurling abusive words and tried to take him away while punching and kicking him in unison. On noticing the loud cries of the petitioner, few of the villagers arrived on the scene and started to enquire as to what had happened, the accused police officers got annoyed and started beating them. During this time, the T.I., Amit Sahu fired a gun shot from his revolver towards the petitioner's brother Balram Puri, with an intention to kill him which in result severely injured him. Thereafter, he was admitted in the hospital at Babina, Dist. Jhansi, U.P. and eventually was discharged after the treatment.