- (1.) B. A. Zaidi, J. On an application filed by Bache Lal (opposite-party No. 2) and pursuant to the order of the Magistrate, Station House Officer, Mangalpur, District Kanpur Dehat registered a case (Crime No. C-10/2006) under Sections 147, 148, 452, 323, 504, 506, 324, 325 I. P. C. against the present applicants-accused.
(2.) THE allegation against the applicants was that on 24-2-2006 at 6 O' clock in the evening they came to this house in village Chirkhiri within jurisdiction of Police Station Mangalpur and beat him up with legs and fists, as also, with Lathies in consequence whereof, he sustained injuries. The Police investigated the case and submitted a final report in the Court of Judicial Magistrate I, Kanpur Dehat, which did not find favour with the Magistrate, who ordered, issuance of summons against the applicants. The applicants came to this Court in a Crl. Revision (No. 10506. 2007) and Hon'ble Mr. Justice Ravindra Singh set-aside the summoning order, and sent back the case, to the Trial Magistrate, for passing an order afresh vide order dated 14-5-2007. When the matter came before the Magistrate, he reaffirmed his order, of summoning the accused. This order is dated 28-6-2007, the English rendition of the relevant part whereof is as follows: "heard. . . . . . . . Counsel for the applicants on the final report and protest petition. The Investigating Officer has filed a final report in Case Crime No. C-10/2006, under Sections 147, 148, 452, 323, 504, 506, 324, 325 I. P. C. Police Station Mangalpur District Kanpur Dehat, against which, a protest petition has been filed by the complainant, and by filing the objection, the complainant supported the incident and has prayed for the summoning of the accused. The complainant through the protest petition has supported the version of the occurrence. It appears, therefore, justifiable to summon the accused Jai Chandra, Rajesh Kumar, Asharfi Lal, Bablu and Ram Sahehi under Sections 147, 148, 452, 323, 504, 506, 324, 325 I. P. C. rejecting the final report. Order The final report No. 14/06 dated 28-9-2006, is rejected. Accused Jai Chandra, Rajesh Kumar, Asharfi Lal, Bablu and Ram Sahehi are summoned under Sections 147, 148, 452, 323, 504, 506, 324, 325 I. P. C. "
(3.) THAT is how the applicants have come to this Court under Section 482 Cr. P. C. , praying, that proceedings in Crl. Case No. 62/2007 under Sections 147, 148, 452, 323, 504, 506, 324, 325 I. P. C. in Case Crime No. C-10/06 Police Station Mangalpur District Kanpur Dehat be quashed. Heard Sri L. M. Singh, Counsel for the applicants and Sri S. D. Tripathi, Additional Government Advocate for the State.;