- (1.) Heard Sri Pankaj Kumar Gupta, learned counsel for the applicant and the learned A.G.A.
(2.) This application under Section 482 Cr.P.C. is directed against the order dated 20.6.2015, by the C.J.M, Auraiya in Case No.1209/2015 (Case Crime No.312/2014), rejecting a final report, allowing the protest and summoning the applicants under Sections 307/323/452/506 IPC.
(3.) An FIR came to be lodged by the applicant on 24.1.2014 as Case Crime No.18/2014 under Sections 406/420 IPC as against O.P. No.2, involving a purchase of four-wheeler-vehicle on a loan in the name of the applicant and in retaliation thereof, O.P. No.2 and his cohorts on 29.8.2014, came to the house of applicant no.1 with lathi, dandas, hurling filthy abuses and physically assaulted the applicants. The applicants went to lodge the FIR, but as the same was not entertained, an NCR No.124/2014 was registered on 29.8.2014. After medical examination of applicant no.1 on an application under Section 155(2) Cr.P.C, the learned C.J.M, Auraiya on 20.10.2014, directed the S.H.O, P.S. Bidhuna to investigate the NCR No.124/2014, convert the NCR into a cognizable case and in compliance thereto, a charge-sheet in Case Crime No.199/2015, under Section 308/323/504/506 IPC, P.S. Bidhuna, Auraiya was submitted on 1.5.2015, but in retaliation, O.P. No.2 filed an application under Section 156(3) Cr.P.C against the applicants on 3.9.2014 on false and fabricated grounds, which came to be allowed and FIR registered on 20.10.2014 at P.S. Bidhuna, Auraiya as Case Crime No.312/2014, under Sections 307/323/452/506 IPC but after investigation, a final report was submitted on 21.10.2014. However, O.P. No.2 filed a protest, which came to be allowed on 20.6.2015 by the court below, rejecting the final report and summoning the applicants under Sections 307/323/452/506 IPC, which is impugned herein.;