S.C.AGARWAL,J. - (1.) THIS revision under Section 397/ 401 Code of Criminal Procedure is directed against the order dated 3.8.2010 passed by the C.J.M. Hathras (Mahamaya Nagar) in F.R. No. 407/12/2010, Ved Pal Vs. Varun Sharma & others arising out of case crime no. 112 of 2010, P.S. Sasni, whereby final report submitted by police was rejected and cognizance was taken under Section 190 (1) (b) Cr.P.C. and the revisionists were summoned to face trial under Sections 323, 325, 504, 506, 394 IPC and 3(2) (5) SC/ST Act.
(2.) HEARD Sri R.S. Saroj and Sri Navin Kumar, learned counsel for the revisionists, learned AGA for the State, Sri Promod Dubey, learned counsel for opposite party no. 2 and perused the material available on record. The facts are that an application under Section 156 (3) Cr.P.C. was moved by opposite party no. 2 on 23.3.2010 before the C.J.M. Hathras against the revisionists alleging therein that on 22.3.2010 the complainant, accompanied by his brother Virendra, was returning from Hathras to Sasni by a moter-cycle at about 4 p.m. The accused persons namely, Varun Sharma, Brijesh Sharma, Sudhir and Ajay Jain stopped their motor-cycle, abused them and assaulted them with kicks, fists and shoes. Sudhir took out a hockey from the Bollero car and beat the complainant and his brother with hockey. The accused persons also abused them by caste related words like chamrake. They also threatened the complainant and his brother with death if the property in dispute was not transferred in their name. A sum of Rs. 3000/- kept in a cloth bag was also looted by Varun Sharma. Learned Magistrate directed registration of the FIR and accordingly crime no. 112 of 2010 was registered by the police. After investigation, final report was submitted.
(3.) OPPOSITE party no. 2 filed protest petition against the final report. After hearing learned counsel for the complainant, learned Magistrate rejected the final report and summoned the revisionists to face trial. Hence this revision.;