- (1.) HEARD Learned Counsel for the applicants and learned AGA for the State.
(2.) THE applicants by way of filing this application have sought to quash the order of the learned 10th Additional Sessions Judge, Aligarh dated 21.07.1998 allowing criminal revision No. 491/1997, Prabhu Dayal v. Qutubul Abideen and Ors. under Sections 323, 324 Indian Penal Code, P.S. Gangiri, District Aligarh setting aside the order of the 6th Additional Chief Judicial Magistrate, Aligarh dated 23.04.1998 in criminal case No. 1022 of 1995, State v. Rafeeulislam @ Rafikullah whereby he had refused to summon the applicants under Section 319 Code of Criminal Procedure., and remitting the matter to back to the magistrate for making a fresh look into the matter. Shorn of unnecessary details the facts leading to filing of this application, in brief, are that on an application of opposite party No. 1 Prabhu Dayal under Section 156(3) Code of Criminal Procedure. against the applicants and one Rafeeulislam regarding the incident which is alleged to have taken place on 15.01.1989 at 9 A.M. It was alleged that one Bhopal, Prabhu Dayal (informant) and Gokul have sustained injuries. As usual investigation culminated in filing of charge sheet against only co -accused Rafeeulislam, who was tried. The applicants were summoned to face the trial in exercise of power conferred under Section 319 Code of Criminal Procedure. on the basis of the evidence of Prabhu Dayal (PW -1) and Raj Pal (PW -2) by the trial court vide order dated 31.08.1992. Being aggrieved by the order dated 31.08.1992 a criminal revision which was numbered 597/1992, was preferred by the applicants. The revision was allowed on 29.4.1993. Later on after the examination of the three more prosecution witnesses, an application was again moved under Section 319 Code of Criminal Procedure. for summoning the applicants was moved which was however rejected on 23.4.1997. Order of rejection dated 23.4.1997 was challenged in revision which was numbered 491/97 by the opposite party No. 1 by order dated 21.7.98. Hence it necessitated the applicants to file this application before this Court.
(3.) ON 30.3.2011 a supplementary affidavit has been filed which is on the record. In paragraph 4 of the said supplementary affidavit it has been stated that applicant No. 4 namely, Bhullu Miyan had died in the year 2008 during pendency of the present application before this Court and resultantly the present application under Section 482 Code of Criminal Procedure. stand abated against the applicant No. 4. In paragraph 2, of the supplementary affidavit it has been detailed that on the basis of a compromise entered between the Respondent No. 1 and the charge sheeted accused Rafeeulislam Khan on 6.9.2000, the trial court vide its judgment and order dated 16.11.2000 acquitted the charge sheeted accused. True copy of the judgment of acquittal has been filed.;