- (1.) Both these petitions under section 482 Code of Criminal Procedure ((for short ''Cr.P.C.') have been filed for quashing the proceedings of Complaint Case No. 858 of 2013 Santosh Pandey Vs. Rajneesh Yadav and others and also the order dated 29.6.2013 passed by A.M.M.-III, Unnao, whereby petitioners Rajneesh Yadav alias Bajrangi , Sonu Yadav, Amar Singh Yadav and Arjun singh alias Natthu Singh Yadav have been summoned to face trial under sections 323, 452, 504,506 IPC
(2.) Since both these petitions are arising out of same proceedings, they are being disposed of by a common order.
(3.) Brief facts for deciding these petitions are that a criminal complaint has been filed by opposite party no. 2, Smt. Santosh Pandey against the petitioners having Case No. 858 of 2013 alleging therein that petitioner Rajneesh Yadav alias Bajrangi in (Criminal Misc. Case No. 5058 of 2013 (U/s 482 Cr.P.C.), the son of petitioner Amar Singh Yadav is Gunda. On 11.4.2013 at about 5.30 p.m., some altercation took place in between Rajneesh Yadav alias Bajrangi and Rishi Pandey, the son of opposite party no. 2. Rajneesh Yadav alias Bajrangi extended threats to life to Rishi Pandey. A complaint of it was made to the police. The police came, but Rajneesh Yadav alias Bajrnagi escaped. On 12.4.2013 at about 6.45 p.m. Rishi Pandey was standing on his door. The petitioners came alongwith sticks on their hands, abused Rishi Pandey. Rajneesh Yadav alias Bajrangi asked what you have achieved by making complaint with the police. Rishi Pandey entered into his house. All the four petitioners also entered into the house and beat Rishi Pandey by sticks. When opposite party no. 2 came to rescue her son, she was also beaten by kicks and fists and also by stick. Rishi Pandey was badly injured and became unconscious. The incident was witnessed by Pradeep Awasthi, Ashok Tiwari and several other persons, who came on spot after hearing cries. Rishi Pandey was medically examined on 15.4.2013. When police did not take action, complaint was filed.;