- (1.) The above two applications under Sec. 482 Cr. P. C. have been perferred for quashing of proceeding against the applicants on the basis of order dated 4-4-1997 passed in Criminal Case No.512 of 1994, State v. Krishna Kumar and others, under Secs. 323, 325, 504 and 506 I.P.C., P.S. Bakewar, district Fatehpur pending in the Court of Additional Chief Judicial Magistrate Fatehpur.
(2.) Smt. Bhagwani Devi opposite party No.2 in both the applications, lodged a report on 22-1-1994 at P. S. Bakewar district Fatehpur against the applicants of both the applications and four others with the allegation that on 21-1-1994 at about 6.00 P.M. while her son and daughter were milching cow, Krishna Kumar, Gokaran Nath, Raju armed with rifles along with Bhagwati Prasad, Dhannar, Rajan, Dileep, Vindoo, Krishna Devi, Mahesh, Girija Shankar, Uma Shankar, wife of Girija Shankar and Mukesh Kumar in all of 14 persons raided her house and started causing injuries to her son and daughter. They also fired from rifle and gun, set fire in her Chappar, damaged Chabootara and stoned at the house. They also caused injuries to animals and threatened them to remove from the village. The police registered a case at crime No.10 of 1994, under Secs. 323, 325, 504 and 506 I.P.C. After investigation the police submitted charge sheet only against four persons namely Krishna Kumar, Mahesh, Uma Shankar and Mukesh Kumar. During trial before the Magistrate Smt. Asha Devi daughter of opposite party No.2 was examined on oath. In her statement she named four persons against whom police had submitted charge sheet as well as the applicants, in all 14 persons, involved in the offence. Thereafter Smt. Bhagwani Devi opposite party No.2 moved an application for summoning the applications under Sec.319 Cr. P.C. on the ground that report was lodged against them also and they were also involved in the offence. The learned Magistrate found that there was sufficient ground for proceeding with against the applicants and therefore, he summoned them under Secs. 323,325,504 and 506 I.P.C. in the exercise of power under Sec.319 Cr. P. C. for trial alongwith other accused. The above summoning order has been sought to be quashed in these applications.
(3.) Heard learned counsel for the applicants in both the applications as well as the learned counsel for the opposite party No.2 and the learned A. G. A. and perused the record.;