MIRDUL PATHAK Vs. ASHOK KUMAR SINHA

JUDGEMENT

(1.) Both the petitions are arising out of the same complaint Case No.644/2017 filed by respondent No.1 against the applicant of each petition registered by the Court of C.J.M., Umariya, therefore, both the petitions are being decided by this common order.

(2.) Facts giving rise to both the petitions, in short, are that respondent No.1-Ashok Kumar Sinha constructed a house and resort on the land situated at Survey No.328, area 6.71 acre, Village Gadhpuri, P.H. Dhoba, Tahsil Manpur, Distt. Umariya. Respondent No.1- Ashok Kumar Sinha lived in his house along with his wife. The house was in the name of his wife Manju Sinha. To run resort and use of electricity in the house, he obtained high tension connection from M.P. Poorva Kshetra Vidyut Vitaran Co.Ltd., Shahdol (hereinafter referred to as 'MPPKVV Co.'). On 20/03/2017 at about 11.30 in the night respondent No.1 after taking meal went to bed, he heard some sound from the outside, then he woke up and went to outside and saw that applicants were coming inside his house after crossing boundary along with arms i.e. stick and hockey and abusing respondent No.1 in filthy languages.

(3.) On asking why they came inside boundary, applicant-Mridul Pathak hit respondent No.1 and gave blow of fists near right eye and other applicants started assaulting on respondent No.1. Respondent No.1 received injuries and all applicants got entered into the house of respondent No.1 and damaged the household articles. Applicant-Anil Shukla theft Rs.13,500/- which were kept on the table. On hearing shriek Manoj Yadav, Basant Yadav, Visheshar Singh ran to rescue respondent No.1. One junior engineer Rajkumar Jaiswal disconnected the electric connection of respondent No.1 and applicant-Mridul Pathak instructed other applicants to kill respondent No.1. Respondent No.1 made a complaint to the Police and also to superior Police Officer about this theft but the Police has not acted against the applicants, then respondent No.1 submitted a complaint against miscreants including the applicants of both the petitions under Section 200 of Cr.P.C. for the offence punishable under Section 147, 148, 149, 294, 394, 323, 506, 458, 325, 326 and 34 of IPC before the Court of CJM.