- (1.) HEARD learned counsel for the petitioners and the learned AGA for the State..
(2.) BY means of the present petition under section 482 Code of Criminal Procedure (for short Cr.P.C.), the petitioners have prayed for quashing of the impugned order dated 27.1.2015 passed by learned Sessions Judge, Ambedkar Nagar in Criminal Revision No. 168 of 2010 Sheela Devi Vs. State of U.P. and others, whereby the criminal revision filed by the opposite party no. 2 has been allowed setting aside the order dated 18.9.2010 rejecting the application 156 (3) Cr.P.C filed by the opposite party no. 2 and remanded the matter to the learned Chief Judicial Magistrate, Ambedkar Nagar to decide afresh after hearing the parties in accordance with law.
(3.) BRIEF facts for deciding this petition are that opposite party no. 2 Sheela Devi moved an application under section 156 (3) Cr.P.C. before the Chief Judicial Magistrate, Ambedkar Nagar alleging therein that on 18.8.2010 at about 7.00 O' Clock she was sitting on her door. Her brother in law (Devar) Rajman Verma started quarreling with her on account of partition. In this process, Ravindra Verma, Jagannath Verma, Raj Karan Verma, Jai Ram Verma armed with fire arms, Virendra Kumar and Sailendra Kumar armed with lathi, danda and farsa and Rajan Verma armed with country made pistol fired and forcibly opened the door of her house and entered therein. They raised alarm and exhorted to kill her. Opposite Party No. 2 was beaten by lathi and stick. On raising alarm by opposite party no. 2 Savita Devi, Anjali @ Khushbu and Manoj Singh @ Dabloo tried to intervene and to save her. The accused persons also assaulted them. Manoj Singh @ Dabloo was also badly injured on account of fire arm injuries. He was also abducted by them. Jai Singh and Rajan Verma witnessed this incident. Opposite party no. 2 and Manoj Singh alias Dabloo received serious injuries. The Police reached the place of incident and admitted opposite party no.2) in District Hospital where she was medically examined. Manoj Singh @ Dabloo was also struggling with death, was also admitted in Lucknow by the Police. Later on, it was revealed that Ravindra Verma died on account of firing made by accused persons. This incident was reported by the opposite party no. 2 to the Superintendent of Police Ambedkar Nagar by sending application though registry on 23.8.2010, but when no action has been taken by the police the opposite party no. 2 moved an application under section 156 (3) Cr.P.C. on 8.9.2010 to the Chief Judicial Magistrate, Ambedkar Nagar, who rejected the same vide its order dated 18.9.2010 on the ground that when the Police has took the injured to the hospital, why opposite Party No.2 did not lodge the FIR in the concerned police station about the alleged incident. There is also no mention in the application that why information was not given of the alleged incident. As per the report of the concerned police station the sons of opposite party no.2 Rajan Verma and Ankur Verma and some other persons were involved in the murder of Ravindra Verma, the son of Jagannath Verma (opposite party). In this regard, the First Information Report has been lodged against the sons of opposite party no.2 Rajan Verma and Ankur Verma along with other persons at case crime no. 610 of 2010 under Section 147, 148, 149, 302/34 IPC and Section 27 of Fire Arms Act and 7 Criminal Law Amendment Act at Police Station -Baskhari. This case was investigated and charge -sheet was also filed. The learned Magistrate has also mentioned in his order that in the application moved by opposite party no. 2 to the Superintendent of Police deceased Ravindra Verma was also included as accused though he has been murdered. The application has been moved to save the skin on false ground. Aggrieved by the order dated 18.9.2010 criminal revision has been filed by opposite party no.2 before learned Sessions Judge, Ambedkar Nagar which was allowed.;