- (1.) HEARD Sri Mayank Pandey, learned counsel for the petitioners, learned A.G.A. for the State and Sri Santosh Kumar Srivastava, learned counsel for the opposite party no.2.
(2.) BY means of this petition, under Section 482, Cr.P.C., the petitioners have prayed for quashing the impugned order dated 27.09.2014 passed by learned Additional Sessions Judge, Court No.4, Ambedkar Nagar in Criminal Revision No.166 of 2014 (Ram Kishore Vs. State of U.P. and others) and also for quashing the summoning order dated 04.04.2014 as well as further proceedings of Complaint Case No.3570 of 2012 (Mani Ram Vs. Ram Kishore and others), under Sections 323, 504, 506, 452 IPC, Police Station Kotwali Akbarpur, District Ambedkar Nagar pending in the court of learned Chief Judicial Magistrate, Ambedkar Nagar.
(3.) BRIEF facts for deciding this petition are that the opposite party no.2 filed an application under Section 156(3), Cr.P.C. before learned Chief Judicial Magistrate, Ambedkar Nagar for lodging an FIR against the petitioners and others with the allegations that on 27.07.2012 at about 3:00 P.M., when he was working in his agricultural field, Ram Milan, Ram Kishore, Arun Kumar, Ghanshyam, Reeta, Renu, Phoola Devi and Vimla came at his house and knock the door. The ladies present in the house opened the door and thereafter, they entered into the house and started abusing in filthy languages. When they came to know that the opposite party no.2 is in the agricultural filed, they came in the agricultural filed and assaulted the opposite party no.2 with kick and fist and also abuses in filthy language and threatening him to leave the disputed land and if he fails to do so, he will be killed. Learned Magistrate after treating the aforesaid application under Section 156(3), Cr.P.C. as complaint case being Complaint Case No.3570 of 2012 recorded the statement of the complainant under Section 200, Cr.P.C. and the witnesses under Section 202, Cr.P.C. After recording the aforesaid statements, learned Magistrate summoned the petitioners under Sections 323, 504, 506, 452 IPC vide order dated 04.04.2014. Aggrieved by the order dated 04.04.2014, the petitioners filed Criminal Revision No.166 of 2014 but the same has been dismissed by learned Additional Sessions Judge, Court No.4, Ambedkar Nagar vide order dated 27.09.2014. Aggrieved by the aforesaid orders, this petition has been filed by the petitioners before this Court. It has been submitted by learned counsel for the petitioners that the present proceedings are abuse of the process of the law as the same has been initiated in retaliation with mala fide intention to falsely implicate the petitioners.;