- (1.) HEARD learned counsel for the petitioners, learned AGA for the State and perused the records.
(2.) THE petitioners have approached this Hon'ble Court for quashing of the order dated 09.08.2012 as well as order dated 27.11.2012 passed by Judicial Magistrate, Court No.21, Barabanki in Complaint Case No.1180/2011. By the first order dated 09.08.2012, the learned Magistrate has taken cognizance on the complaint and has passed the summoning order against the petitioners and by the subsequent order dated 27.11.2012, the learned Magistrate has issued bailable warrant against the petitioners.
(3.) THE brief facts are that the opposite party no.2 filed a complaint before the Magistrate concerned with the allegation that there was enmity between the parties and on account of the previous enmity, on 24.09.2011, at about 8.00 PM, the petitioners not only assaulted the opposite party no.2 with kicks and fists, but also used abusive language indicating their caste. The opposite party no.2 went to the police station, but his report was not lodged. The opposite party no.2 also got himself medically examined in the Government Hospital and also sent an application to the Senior Superintendent of Police by registered post, but again, no action was taken. The opposite party no.2 then filed a complaint before the Magistrate and the learned Magistrate after following the procedure of complaint case, passed the summoning order. When the petitioners did not appear before the court below, the learned Magistrate issued bailable warrant against the petitioners. Learned counsel for the petitioners submits that prior to this occurrence, the other family members of the opposite party no.2 had used abusive language and had also threatened himself with dire consequences and a report to this effect was lodged by the petitioner no.1, upon which, the police registered a case under Section 382 IPC and subsequently also submitted charge -sheet against the accused -persons. It was on account of this enmity that the opposite party no.2 lodged the false FIR and the police being influenced by the opposite party no.2, submitted charge -sheet against the petitioners.;