- (1.) BY means of this petition under Section 482 Code of Criminal Procedure (For short Cr.P.C.), the petitioners have prayed for quashing of order dated 29.3.2011 passed by the Judicial Magistrate, Ambedkar Nagar in Complaint Case No. 273 of 2011 Manju Srivastava Vs. Ram Sagar, whereby the petitioners have been summoned to face trial under sections 143, 149, 380, 323 and 504 IPC, P.S. Jalalpur, District Ambedkar Nagar and also the proceedings initiated in pursuance thereof.
(2.) BRIEF facts for deciding this petition are that opposite party no. 2 Smt. Manju Srivastava lodged a first information report with the help of section 156 (3) Cr.P.C. against petitioners along with 3 -4 persons and two constables (names unknown) at case crime no. 576 of 2010 under sections 392,506 and 120B IPC P.S. Jalapur, District Ambedkar Nagar for the alleged incident occurred on 27.3.2010 at about 2.00 p.m. . After investigation of the case police submitted final report in the matter on 22.6.2010. On 28.01.2011, opposite party no. 2 filed protest petition against the final report. The learned Magistrate treated the protest petition as complaint and proceeded to record the statements under sections 200 and 202 Cr.P.C. of the complainant and her witnesses. Thereafter the learned Magistrate vide order impugned dated 29.3.2011 summoned the petitioners as well as Sandeep, Lallu Girish , Monu and Anoop to face trial under sections 143, 149, 380, 323, 504 IPC.
(3.) HEARD Shri Mayank Pandey, learned counsel for the petitioners, Sri Ram Lakhan Verma, learned counsel for opposite party no. 2 and learned AGA for the State and perused the record. It has been submitted by the learned counsel for the petitioners that this case has been filed with mala fide intention and in retaliation to a case lodged by petitioner no. 1 for committing dowry death of his daughter by brothers, mother and sister in law of opposite party no.2. This FIR was registered on 25.3.2010 in the morning at about 14.30 hrs at case crime no. 421 of 2010 under sections 498A, 304 IPC at Police Station Jalalpur, District Ambedkar Nagar against Amit Kumar, Ashok Kumar, Shushil Kumar, Kalawati and wife of Ashok (Annexure No.2 to this petition). According to this FIR on 25.3.2010 the daughter of Ram Sagar Lal Srivastava, petitioner no.1died in mysterious circumstance in the house of brother of opposite party no. 2. She was subjected to cruelty on account of demand of dowry and as such after knowing it petitioner no. 1 lodged the FIR wherein the police arrested the accused persons and son -in -law of petitioner no. 1 Amit Kumar Srivastava is still in jail. The police after investigation of the case submitted charge -sheet in the matter (Annexure No. 3 to this petition). To put pressure for compromise the opposite party no. 2, Manju Srivastava moved an application under section 156 (3) Cr.PC. on 28.4.2010 alleging therein an incident of 27.3.2010 that petitioners along with police personnel and S.O of P.S. Jalalpur Sri Deepan Yadav on 27.3.2010 came to the house of his brother and they started searching the house and took away T.V. and other belongings of family members of opposite party no. 2. They took these items by Marshal Zeep which was not having any number. She and other villagers witnessed this incident. The family members of opposite party no. 2 were not present in the house as they already left the house.;