(1.) Heard Shri Anurag Kumar Singh, learned counsel for the petitioners, learned AGA and perused the record. None is present for the opposite party no. 2.
(2.) Instant petition under section 482 Cr.P.C., 1973 has been filed with the prayer to quash the order dated 2.11.2004 passed by the learned Additional Chief Judicial Magistrate, Hardoi in Case No. 4104 of 2005, Anil Kumar Mishra v. Pratap Singh Bhadauria , by which accused have been summoned to face trial under sections 147, 148, 149, 323, 325, 342, 504 and 506 IPC and also the order dated 28.6.2005, whereby non bailable warrants were issued against the accused. By means of amendment made in the petition on 31.7.2017, the petitioners have prayed for quashing of the entire proceedings of Case No. 4104 of 2004, Anil Kumar Mishra v. Pratap Singh Bhadauriya pending in the court of Additional Chief Judicial Magistrate, Court No. 4, Hardoi.
(3.) Learned counsel for the petitioners submits that a report was lodged by Jaipal Amin against one Anil Kumar Mishra and some unknown persons regarding incident which took place on 7.3.1997 at 3.00 p.m. which was registered at case crime no. 39 of 1997 at police station Tadiyawan, District Hardoi, wherein it is stated that on 7.3.1997, complainant along with Madan Lal, Collection Amin and Tehsildar P.N.Singh went to execute the arrest warrant and attachment warrant issued against Anil Kumar Mishra alias Raju for recovery of revenue wherein Anil Kumar Mishra alias Raju destroyed the government papers. Thereafter an application under section 156 (3) Cr.P.C., 1973 was moved by opposite party no.2 Anil Kumar Mishra alias Raju on 19.3.1997 regarding an incident dated 7.3.1997 stating that the petitioners along with other co-accused attacked his house. They started abusing the complainant. When he came out of the house, Tehsildar asked him to deposit the amount of arrears of revenue. He was assaulted by the accused persons. Firing was also done and he was taken to the police station. On the basis of this application, first information report was lodged wherein after investigation, final report was submitted. Protest petition was filed, which was treated as complaint. Statements of the complainant and witnesses were recorded. Thereafter, learned Magistrate has summoned the accused petitioners and co-accused.