Yogendra Kumar Sangal, J. - (1.) THIS application under Section 482 CrPC was filed by the applicants -petitioners to quash the proceedings of complaint case No. 309/2006 Raja Ram v. Jaideep Dubey under Sections 392, 452, 323, 504, 506 IPC relating to P.S. Chapia, District Gonda along with order of summoning the accused applicants dated 28.04.2006 passed by learned C.J.M., Gonda.
(2.) HEARD learned Counsel for the applicants -petitioner, learned AGA for the State and perused the record. An application under Section 156 Sub -clause (3) CrPC was moved by the respondent No. 2 before the learned Magistrate for the direction to the police to register the case and to investigation in the matter, but the same was treated as complaint by the learned Magistrate. After recording the statements under Section 200 and 202 CrPC and hearing the counsel for the complainant by the order dated 28.04.2006 learned Magistrate find prima -facie case and sufficient ground against the accused and summoned the accused to face the trial for the aforesaid offences. Aggrieved by this order, this petition has been filed.
(3.) AS per application case under Section 156 Sub -clause (3) CrPC / complaint case on 19.07.2005 at 6:00 P.M. on the direction of Local M.L.A., the petitioner -applicant No. 7 and 8 Jaideep and Anil Tiwari who are police persons reached in the village of the complainant and badly abused to the complainant and his family members and instigated Ramdhiraj etc. to rob the complainant's property. On his instigation rest of the accused persons named in the complaint have also started to abuse the complainant and his family members. When they were asked not to do so, they started beating to them. Seeing the attack of all the accused on him, complainant with his family members to save themselves entered into the house where accused persona have followed them and entered in the house and beaten them. On their alarm, villagers and locality persons assembled there but due to presence and interference of the police persons nobody came forward to save them. Accused persons have taken away the radio set and C.D. from in the house. To save themselves Choki Incharge Jaideep Dubey manipulated a case and arrested the nephew of the complainant and present him at the police station where he was badly beaten and challaned under Section 107/16 CrPC. When the police was informed by the complainant, he was threatened and forced to go from there otherwise he will be involved him in Gangster Act case and his report was not entered. He and his family members got medically examined themselves and informed Superintendent of Police but as no action was taken so application under Section 156 Sub -clause (3) CrPC was moved which was registered as complaint case.;