- (1.) M. K. Mittal, J. This application has been filed under Section 482 Cr. P. C. with the prayer to quash the proceedings in Criminal Case No. 57/05 State v. Ram Vir and Ors. Sections 147, 148, 149, 307, 323, 504 and 506 I. P. C. and Section 3 (2) (5) S. C. S. T. Act pending in the Court of Additional Chief Judicial Magistrate, 1st Mainpuri.
(2.) I have heard Sri Rama Shankar Shukla learned Counsel for the applicants, Sri Bhaiya Ram learned Counsel for the opposite party No. 2 learned A. G. A. and perused the record. Counter-affidavit and rejoinder have also been exchanged. The brief facts are that the opposite party No. 2 Lala Ram filed an application under Section 156 (3) Cr. P. C. on 10-1-2003 alleging that on 30-12-2002 at about 3. 00 p. m. Ahibaran was removing the Dhol of the culvert which was being used for flowing of the dirty water of the house of the application and other villagers. The application asked Ahibaran not to do so. He went away threatening to see him. Same day at about 8. 00 p. m. Ahibaran alongwith 9 others armed with lathi, danda and illegal weapons, came in a tractor and started abusing. The also used caste denoting words. When applicant asked them not to abuse, the accused fired, However, the application entered the house. The accused also entered the house and there the applicant his wife Chandrakanta were give lathi and danda blows. When Manlal came to save them, he was also beaten. As per the application all the three persons received several injuries. On hearing the noise Budhsen Keshav Ram and other came and saw the incident. The accused went away threatening to kill them. When the informant went to lodge the report constable told him that first the matter would be enquired and then report would be written. Applicant kept waiting but when none came then he gave an application to Superintendent of police but no action was taken and thereafter he filed the application. The case was directed to be registered by the Court. After investigation final report was submitted on 20-3-2003. Thereafter an application was moved by Circle Officer in the Court for returning the final report and for further investigation which was allowed. After investigation, not charge-sheet has been submitted.
(3.) ACCORDING to the applicants, the prosecution story is false frivolous and vexatious and the report was lodged only to harass them. It has been contended that the applicants are peace loving persons and that prosecution case as taken, is inherently improbable. Ten persons are alleged to have caused injuries to 3 persons but no injury was received by any one of them. It appears that Lala Ram was medically examined on 25-1-2003 when he himself went for medical examination but the doctor did not find any mark of injury on his body. The two persons allegedly beaten, were not medically examined. ACCORDING to the applications no incident took place and the case has been lodged under S. C. S. T Act also, only to harass them and the charge-sheet is liable to be quashed. The complainant filed counter-affidavit and alleged that the incident took place on 30th February 2002 (should be 30-12-2002) at about 3. 00 p. m. At that Ahibaran was uprooting slab of the culvert and when he objected, he went away threatening him. In the same night at about 8. 00 p. m. all the accused persons came there with unauthorized weapons in a tractor and abused him. When he opposed abusing, they entered his house and assaulted him with lathi and danda and fired upon him and his wife. He and his wife were seriously injured and at the noise neighbours also came and then accused fled away. Incident was seen by Budhsen, Keshav Ram, Sri Ram and others. In the affidavit the complainant has also mentioned that he might have died as a result of firing as it was aimed at his chest. It has also been contended that his wife and victim Man Lal were medically examined by a private and therefore, he was unable to produce the medical reports.;