- (1.) Heard Sri Abhishek Kumar, learned counsel for the revisionist and the learned A.G.A.
(2.) This criminal revision is preferred against the order dated 3.8.2015, passed by the Judicial Magistrate, Azamgarh in Misc. Application No.263/2015 (Case No.888/2015) (Naseem Ahmad vs. Patiram), P.S. Gambhirpur, Azamgarh, treating the application under Section 156(3) Cr.P.C as a complaint.
(3.) An application under Section 156(3) Cr.P.C came to be filed by the revisionist alleging that he had bought a parcel of land from one Ravindra Nath Tripathi; in respect of the said land, one Dilram and others had lost the case upto this Court, but on 2.6.2015 at about 10.00 A.M., revisionist got offloaded 8 trolleys of bricks at the site, whereafter he went away in his vehicle no. UP 25AF 6323 along with Raju, Azam and Amir to a road side eatery. It is alleged that soon thereafter revisionist was informed that the opposite parties, arrived at the scene armed with country-made pistol and dandas and are forcibly loading bricks on two trolleys. On arrival at the scene, the revisionist along with others made an attempt to prevent the accused persons from stealing away the brick-loaded trolleys, upon which the opposite parties / accused persons are alleged to have exhorted their co horts that revisionist be not spared, whereupon shots were fired at him which missed the target, as the revisionist took the cover behind a Scorpio vehicle, but smashing, the glass of the vehicle resulting in a damage of about Rs.20,000/-. The incident is alleged to be witnessed by named witnesses. The revisionist attempted to lodge the FIR, but in vain. Subsequently, on 8.6.2015 he sent an application to the S.S.P., followed by above application under Section 156(3) Cr.P.C on 10.6.2015. The court after obtaining a police report, directed that the application be treated as a complaint.;