MANJU RANI CHAUHAN,J. - (1.) Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
(2.) This application u/s 482 Cr.P.C . has been filed to quash the order dated 01.10.2019 passed by Special Judge (D.A.A. Act)/Additional Sessions Judge, Jhansi in Compliant Case No.117 of 2010 (Sarman Lal Vs. Saleem and others), under Sections 395 , 387 I.P.C., Police Station Mauranipur, District Jhansi as well as to quash the entire proceeding of Complaint Case No.117 of 2010 (Sarman Lal Vs. Saleem and others), under Sections 395 , 387 I.P.C., pending in the court of Special Judge (D.A.A. Act)/Additional Sessions Judge, Jhansi.
(3.) Brief facts of the case are that in the year 2010 the elder brother of applicant was posted as Deputy Ranger in Mauranipur Range of Forest Department and Ranipur area. The applicant was also engaged as labour in Mauranipur of Forest Department and was discharging his duties with Munna Lal Yadav, Forest Guard. On 22.05.2010 at about 09.00 a.m. one team consisting of Munna Lal Yadav, Forest Guard, Ratan Lal, Forest Guard, Manoj Kumar, Forest Guard, the applicant as labour, Jahar Singh Yadav, labour, Shailendra, Security Guard of Mauranipur Range made a raid at Saw Mill which was being run by opposite party no.2 illegally, therefore, some parts of that mill were taken in possession and a case being Case No.9/2010-11 was registered against opposite party no.2 and another case was registered on 22.05.2010 by the raiding team. Thereafter, on 26.05.2010 opposite party no.2 filed a complaint case before Special Judge (D.A.A.), Jhansi in which statement of opposite party no.2 under Section 200 Cr.P.C. was recorded on 04.06.2010 and statement of witness Kishori Lal was also recorded under Section 202 Cr.P.C. Thereafter, the proceedings of complaint case were being delayed by one reason or the other and no summoning order was passed upto 12.09.2019. On 18.07.2018, Special Judge (D.A.A. Act) passed order directing S.H.O. Mauranipur to conduct an inquiry under Section 202 Cr.P.C. In compliance of the same, enquiry report dated 01.08.2018 was submitted mentioning therein that allegation of loot and maarpeet was found incorrect. The Special Judge (D.A.A. Act)/Additional Sessions Judge, Jhansi on 01.10.2019 summoned the applicant to face trial under Sections 395, 387 I.P.C.;