VISHNU CHANDRA GUPTA, J. - (1.) BY means of this petition, under Section 482 of the Code of Criminal Procedure (in short 'Cr.P.C.'), the petitioners have prayed for quashing the further proceedings of Case No.3691 of 2011 (Irfanuddin Vs. Mohd. Naseem and others) arising out of Case Crime No.255 of 2009, Police Station Kotwali Kunda, District Pratapgarh and also quash the summoning order dated 24.02.2015.
(2.) HEARD Sri I.B. Singh, learned Senior Counsel for the petitioners and learned A.G.A. for the State.
(3.) BRIEF facts for deciding this petition are that opposite party no.2 Irfanuddin lodged a first information report against the petitioners and others at Case Crime No.255 of 2009, under Sections 147, 148, 149, 397 IPC, Police Station Kotwali Kunda, District Pratapgarh with the allegations that on 23.06.2009, the informant Irfanuddin went to met Sri Udai Bhan Singh, Block Development Officer, who is residing as tenant in the house of Sri Pradeep Chandra Shukla situated at Nuri Masjid Wali Gali, Kunda. At abut 2:30 P.M., when the informant coming back with Scorpio vehicle belonging to his elder brother Minhabuddin, the petitioners along with others surrounded the vehicle of the informant and assaulted him with bomb and country made pistol at the distance of 20 meters from the house of Pradeep Chandra Shukla. Consequently, the informant and one Mohd. Kadir received injuries in this incident. Thereafter, the injured persons were taken to CHC, Kunda for treatment by Sri Udai Bhan Singh and Alok Kumar Shukla from where they were referred to Allahabad. The Police of Police Station Kunda started investigation. During investigation, petitioner Mohd. Naseem moved an application before I.G., Range Allahabad for transferring the investigation on the ground that the complainant influenced the investigation. On the application of Petitioner Mohd. Naseem, the investigation of this case was transferred from Police Station Kunda to Police Station Manikpur. After transferring the investigation, a third story was developed and the Investigating Officer arrested two persons, namely, Abdul and Mohd. Wasil, who were shooters of a named gang. The arrest of Mohd. Wasil and Abdul was published in daily newspapers. Abdul and Mohd. Wasil confessed their guilt and stated that they attacked upon the informant Irfanuddin along with two other co -accused, namely, Rafiq @ Gunda and Davendra Kumar alias Papu. The Investigating Officer moved an application before learned Chief Judicial Magistrate on 12.12.2009 for recording the statements of Rafiq and Davendra Kumar in the light of the statements given by Abdul and Mohd. Wasil. In the meantime, the informant moved an application before the Superintendent of Police, Pratapgarh for transferring the investigation. On the application of the informant, the investigation was transferred to Police Station Kotnagar. During investigation, the one of the injured Mohd. Kadir submitted an affidavit before the District Magistrate swearing the facts that he has not seen any of the accused person while he was being attacked. It has also been stated in the affidavit that he named the accused persons on the basis of hearsay version. Thereafter, the Investigating Officer submitted final report on 27.10.2009. Learned Magistrate issued notice to opposite party no.2 to file protest petition against the final report. The opposite party no.2 filed protest petition. Learned Magistrate accepted the protest petition and rejected the final report submitted by the police vide order dated 01.11.2011 and treated the protest petition as a complaint case after recording the statements under Sections 200 and 202, Cr.P.C. The learned Magistrate vide impugned order dated 24.02.2015 summoned the petitioners and one Haasim under Section 308 IPC to face trial and issue the process under Section 204, Cr.P.C. Aggrieved by the order dated 24.02.2015, the petitioners filed the present petition.;