- (1.) Instant application has been moved by Rakesh Kumar Gupta and two others, employees of Nagar Nigam, Gorakhpur, under Section 482, Cr. P.C. to quash proceeding of Complaint Case No. 1189 of 2002 pending against them in the Court of Additional Chief Judicial Magistrate III, Gorakhpur, under Sections 147, 427, 504, 506, 120-B, 382, 148, 451, I.P.C. and Section 3(l)(x) of S.C. S.T. Prevention of Atrocities Act and also to quash the order dated 18-3-2004 whereby the applicants have been summoned to face trial.
(2.) Heard Sri Kumar Anish, Advocate, holding brief of Sri Satish Mandhyan, learned counsel for the applicants, Sri S. D. Kautilya learned AGA and Sri K. M. Tripathi, counsel for the O.P. No. 2 and have gone through the record.
(3.) Applicants are employees of Nagar Nigam, Gorakhpur. The applicant No. 1, Rakesh Kumar Gupta is Sahayak Nagar Adhikari, applicant No. 2, Parasnath Shukla is Revenue Inspector and applicant No. 3 Sheshnath Shukla is an employee of Nagar Nigam, Gorakhpur. Affidavit has been filed by Parasnath Shukla, applicant No. 2 that the opposite party No. 2, Vijay Kumar Kushwaha filed a complaint that his tin shed in Mohalla Hasupur, police station Rajghat, district Gorakhpur, was existing since last 50 years but the applicants, who are employees of Nagar Nigam, Gorakhpur, in collusion with O.P. No. 3, Harsh Chandra Prajapati got it demolished. It is stated that there was enmity of election between O.P, No. 2, Vijay Kumar Kushwaha and O.P. No. 3, Harsh Chandra Prajapati. On the complaint filed by the O.P. No. 2 Case No. 1189 of 2002 was registered in the Court of Additional C.J.M. III, Gorakhpur. Copy of the complaint is Annexure No. 2 to the affidavit. The case of the O.P. No. 2, complainant, was that it was got done by O.P. No. 3, who was elected as Corporator, Nagar Nigam, Gorakhpur. While no encroach on nali and road was made by him.;