- (1.) Heard learned counsel for the applicants and learned A.G.A. for the State. Perused the records.
(2.) The applicants, by means of this application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with prayer to quash the order dated 17.5.2016 passed by A.S.J. (F.T.C.), Etah in Criminal Revision No. 98 of 2015 ( Sri Yaspal Vs. State of U.P. And others).
(3.) Some background facts, in brief, are that opposite party no. 2 lodged an F.I.R. against the applicants and four unknown persons to the effect that on 25.7.2013 at about 8.00 P.M. when the wife of opposite party no. 2 had gone near the canal to attend the natural call, a Bollero car came and stopped near her from which the applicants alongwith four unknown persons alighted and on the gun point they took away her towards the side of the canal. There the applicant Kishan Pal and one unknown person committed rape with her. Thereafter they dragged her to the car and tried to take her away with them. When the victim resisted the accused Narendra shot fired on her abdomen by the country made pistol he was carrying. Hearing the alarm and the sound of firing, the brother of the complainant Yashveer and one villager Man Singh reached there and saw? in the light of torch all accused persons running away firing in the air. The victim (wife of opposite party no. 2) was taken to the District Hospital, Etah from where she was referred to Agra for better treatment. After she recovered a bit, her husband (O.P. No. 2) went to lodge the F.I.R. on 29.7.2013 but his report was not lodged. He sent a letter to the Superintendent of Police, Etah by registered post on 6.8.2013 but when no action was taken he moved an application under Section 156(3) Cr.P.C. before the court on 8.8.2016.;