- (1.) The instant criminal revision is preferred against the order dated 5.5.2011 passed by Addl. Chief Judicial Magistrate, Court No. 9, Allahabad in Complaint Case No. 65 of 2011, whereby the revisionists have been summoned to face the trial under Sections 323,504 IPC, P.S. Meja, District Allahabad.
(2.) The present revision has its genesis in an application said to have been filed under Section 156(3) Cr.P.C. by the opposite party no. 2, which was treated as complaint by the learned Magistrate and a Complaint Case No. 65 of 2011 was registered against the revisionists in the Court of learned ACJM, Court No. 9, Allahabad.
(3.) The complainant has alleged that the revisionists are notorious people in the village and are on inimical terms with the family of the complainant who belongs to same village. It is stated in the complaint that on 4.8.2010 at about 7.30 a.m., revisionists armed with lathi and danda attacked the family members of the opposite party no. 2 and threatened to kill them. They also abused the opposite party no. 2 and his family members. Opposite party no. 2 tried to dissuade them but the revisionists attacked him. He managed to escape from their clutches and entered his house raising alarm. On hearing his shouts, people of the vicinity rescued him. He tried to lodge the FIR on the same day at P.S. Meja but of no avail. The complainant also sent information to the DIG, Allahabad through registered post but in vain. Thereafter he moved an application under Section 156(3) Cr.P.C. before the court below which was treated as complaint. The Magistrate recorded the statement of the complainant under Section 200 Cr.P.C. and his witnesses under Section 202 Cr.P.C. and summoned the revisionists as aforesaid, hence this revision.;