- (1.) Heard Shri Ravindra Nath Rai, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
(2.) Present application u/s 482 Cr.P.C. has been filed with the prayer to quash the order dated 07.01.2010 passed by Chief Judicial Magistrate, District Sant Kabir Nagar in complaint case no.2690 of 2009, under Sections 323, 325 and 218 IPC, P.S. Dudhara, District Sant Kabir Nagar, by which the impugned complaint filed by the applicant has been dismissed in view of provisions of Section 203 Cr.P.C. and the order dated 29.04.2010 passed by the Sessions Judge, Sant Kabir Nagar dismissing the criminal revision no.20 of 2010 (Jafar Ahmad Vs. State of U.P.).
(3.) Learned counsel for the applicant contends that the applicant filed a complaint case no.2690 of 2009 against Mohan Ram, the then Station Officer of Police Station Dudhara, District Sant Kabir Nagar, Raj Kumar Yadav, Sub-Inspector, Constable Kameshwar Singh, Constable Raman Chaubey, Constable Shivnath Prasad and Constable Shiv Ram Yadav under Sections 323, 325 and 218 IPC; that the applicant had filed injury reports of the injured persons viz. himself, Zahir Ahmad, Parvez Ahmad and Abrar Ahmad and got recorded his statement under Section 200 Cr.P.C. and of his witness Abdul Karim and Zahir Ahmad under Section 202 Cr.P.C.; that the learned Chief Judicial Magistrate, Sant Kabir Nagar by the impugned order dated 07.01.2010 dismissed the complaint under Section 203 Cr.P.C. Wrongly and illegally holding that it is not clear that the injuries have been sustained to complainant and others by the Station Officer or were caused in the dispute between two parties; that the applicant filed criminal revision no.20 of 2010 against the order of Chief Judicial Magistrate, which has also been dismissed vide impugned order dated 29.04.2010 on the same ground; that the order rejecting complaint case u/s 203 Cr.P.C. and that of dismissing of revision, are wrong on facts and law; that the learned Magistrate or the revisional court were required to consider the statement of the complainant and his witnesses under Sections 200 & 202 Cr.P.C. to ascertain as to whether any prima facie case is made out against the opposite parties or not and if it is so the order for issuance of process against the accused ought to have been passed; that in passing the impugned orders the Magistrate as well as the revisional court had no jurisdiction to take a third case, as was taken by the Magistrate; that in view of the above impugned orders passed by the Magistrate as well as the Sessions Judge are liable to be quashed; that if the impugned orders are allowed to stand the applicant shall be deprived of seeking remedy of criminal proceedings against the real culprits, the Station Officer, Sub-Inspector and Constables of the Police Station concerned; that quashing the impugned orders complaint be allowed and process be issued against the opposite party no.2 to 8.;