AMAR SINGH CHAUHAN,J. - (1.) This criminal revision has been filed against the judgement and order dated 17.5.2012 passed by learned Additional District and Sessions Judge, Court No. 11, Ghaziabad in Criminal Revision No. 416 of 2011 (Hanuman Prasad Bansal and others vs. Anil Kumar Singh and State of U.P.) whereby the revision was allowed and set aside the summoning order passed by Additional Chief Judicial Magistrate, Court No. 8, Ghaziabad in Complaint Case No. 62 of 2011 under sections 323, 504, 506 IPC, Police Station Sahibabad, District Ghaziabad.
(2.) The facts which are requisite to be stated for adjudication of this revision are that complaint was filed with the allegation that complainant is law abiding person. Opposite party wanted to dispossess him illegally so that he filed a case in the court of Civil Judge, Ghaziabad which is pending as yet. On 29.8.2009, opposite party nos. 1 to 5 along with four to five miscreants came to the complainant's house and started beating the complainant with iron rod, knife and lathi and also extended threat to kill him. Complainant got severe injuries He further submitted that then he went to police station to lodge the First Information Report but it was not lodged by them. The complainant was examined under section 200 Cr.P.C. and evidence was recorded under section 202 Cr.P.C. The complainant also filed affidavit in support of complaint and prayed to the court to summon the opposite parties in proper sections.
(3.) After hearing the complainant and perusing the statement under sections 200 and 202 Cr.P.C. the Additional Chief Judicial Magistrate comes to the conclusion that there is sufficient material forming prima facie case against opposite parties and, therefore, the opposite parties were summoned under sections 323, 504, 506 IPC to face trial. Against which revision was filed by the accused-opposite parties. The revisional court allowed the revision by impugned order dated 17.5.2012 and set aside the summoning order on the ground that revisionist did not disclose the filing of application under section 156(3) Cr.P.C. of the same occurrence.;