- (1.) This is an application under Section 482 Cr. P.C. to quash the order dated 20.9.2006 passed by Sri Gunendra Prakash, Metropolitan Magistrate, Court No. 5, Kanpur Nagar in Criminal Case No. 499 of 2006, Sukhbasi v. Sheeru and Ors. and the judgment and order dated 26.2.2007 passed by Sri D.K. Garg, Addl. Sessions Judge, Court No. 10, Kanpur Nagar in Criminal Revision No. 256 of 2006, Sukhbasi v. State of U.P. and Ors., arising out of the order of the Metropolitan Magistrate in Criminal case No. 499 of 2006.
(2.) The facts relevant for disposal of this application are that the complainant applicant Sukhbasi had moved an application under Section 156(3) Cr. P.C.. before the II Addl. Chief Metropolitan Magistrate, Kanpur Nagar on 7.7.2006 with these allegations that the applicant Shukhbasi was resident of 174-E Gram Bargadiyapurwa Panki, Kanpur Nagar. He had filed O.S. No. 1350 of 2000, Sukhbasi v. K.D.A. and Ors. in which he had got an injunction that he should not be dispossessed from the aforesaid house nor the house should be damaged. Accused Sheeru, Lalta, Kamta, Sanjay and other persons of their caste were residing near the above house. Accused Jai Singh and Sheeru wanted to demolish Sukhbasi's above house and to evict him from it. They stated that they had very good terms with the local police and Sri Sonkar, Sub Inspector of the Police Station used to visit their house. Sheeru, Lalta, Kamta, Pappu, Sanjay etc. threatened him that if he does not vacate the house, it will be demolished and all his family members will be crushed below the ruins. The applicant went to the police station for lodging report of the incident but no report was written. Then he sent an application to the S.S.P., Kanpur Nagar on 30.5.2006 but no action was taken. On the other hand, Mr. Sonkar, S.I. of P.S. Ranki started to pressurise him. Sri Sonkar S.I. also asked him to vacate the house threatening him of dire consequences in case of failure to do so. On account of his coercion and fear, Sukhbasi went to the house of his relative at Barra for some time; and when he returned back on 28.6.2006, he found that the accused Lalta etc. had put one more lock above the lock of the complainant on the house and the goods kept by him in the verandah outside the house had been removed by the accused persons. When he tried to open the lock the accused Laita, Kamta, Sanjay. Sheeru and other persons belonging to their caste having Dandas reached there and beat the complainant with Dandas, kicks and fists and abused him. His valuable goods like Colour T.V., one big Box, Utensils, Clothes Jewelleries etc. were kept inside the house, which had been locked by the accused persons. He went to the police station Panki to lodge report of the incident but his report was not written. Then he sent an application to the S.S.P. Kanpur Nagar on 29.6.06 but no action was taken. it was, therefore, prayed that the police should be directed to take action against the accused after registering a case against them.
(3.) The above application was transferred to the Metropolitan Magistrate, Court No. 5, Kanpur Nagar who heard and decided the same vide order dated 20.9.06. He pointed out in that order that the complainant had filed a copy of compromise deed reached between the parties in which the complainant had stated that on 2.5.06 he gave possession of plot No. 174 to Sri Chandra without any coercion or undue influence and that there was now no dispute between the parties in respect of this plot, and the parties did not want any police action. He further pointed out that there was an allotment order passed by the K.D.A. in favour of Sri Chand and not in favour of the applicant. He, therefore, rejected the application under Section 156(3) Cr. P.C..;