VISHNU CHANDRA GUPTA, J. - (1.) THIS petition under Section 482, Cr.P.C. has been filed by the petitioner to quash the impugned order dated 04.06.2013 passed by learned Sessions Judge, Ambedkar Nagar whereby Criminal Revision No.86 of 2013 filed by the petitioner has been dismissed and the impugned summoning order dated 16.03.2013 as well as the proceedings of Complaint Case No.75 of 2012 (Rajendra Prasad Vs. Nagroo Ram and others), under Section 427 IPC pending in the court of learned 1st Judicial Magistrate/ Additional Civil Judge (Junior Division), Ambedkar Nagar.
(2.) BRIEF facts for deciding this petition are that the opposite party no.2 lodged a first information report on 03.12.1999 at 9:25 a.m. against the petitioner and others in Case Crime No.171 of 1999, under Sections 147, 379, 504, 506 IPC and Section 4/10 of Forest Act, Police Station Jaitpur, District Ambedkar Nagar in respect of an incident which is alleged to have taken place on 24.11.1999 at 9:00 a.m. The Investigating Officer after completing the investigation submitted final report. Against the final report, the opposite party no.2 filed protest petition. Learned Magistrate after considering the protest petition, treated the same as a complaint vide order dated 05.03.2013 and recorded the statement of complainant under Section 200, Cr.P.C. and his witnesses under Section 202 Cr.P.C. Thereafter, learned Magistrate vide order dated 16.03.2013 summoned the petitioner under Section 427 IPC. Aggrieved by the aforesaid order, the petitioner filed Criminal Revision No.86 of 2013 before learned Sessions Judge, Ambedkar Nagar. Vide order dated 04.06.2013, learned Sessions Judge, Ambedkar Nagar held that the order passed by learned Magistrate to summon the accused persons under Section 427 IPC is contrary to the evidence available on record and modified the order of learned Magistrate by summoning the accused persons under Sections 395 IPC and 4/10 of Private Forest Act instead of Section 427 IPC and dismissed the revision of accused petitioner.
(3.) A counter affidavit has been filed by opposite party no.2 annexing a copy of application submitted before Deputy Superintendent of Police against 13 persons including present petitioner. Another application dated 24.11.1999 has also been filed by opposite party no.2 wherein it has been stated that the accused persons cut the green trees. On this application an endorsement for taking action by the S.O., Jaitpur has been made. The copy of order dated 13.03.2002 passed by the Collector, Ambedkar Nagar relating to proceedings under Section 28 of the Land Revenue Act and order dated 08.02.2007 passed by the Collector, Ambedkar Nagar by which the application for recall of aforesaid order dated 13.03.2002 filed by petition Nagroo Ram was rejected have been filed with the counter affidavit. The petitioner by filing certain documents alleged that the trees did not belong to opposite party no.2 and he obtained an order from SDM for removal of these trees. A rejoinder affidavit has also been filed annexing a copy of order dated 16.11.2011 passed by learned Additional Commissioner, Faizabad in revision under Section 219 of the Land Revenue Act whereby the order dated 08.02.2007 passed by the Collector, Ambedkar Nagar has been set aside.;