- (1.) VINOD Prasad, J. An application under Section 156 (3), Cr. P. C. was filed by Prabhu Nath Chaubey, respondent No. 2, in the Court of Civil Judge (Junior Division)/judicial Magistrate, Kasia against 16 persons arrayed as accused, including the 8 applicants. His application under Section 156 (3), Cr. P. C. was rejected by the Magistrate vide his order dated 15-4-2005 on the ground that no cognizable offence is made out by the aforesaid application. Prabhu Nath Chaubey resultantly laid a complaint -being Complaint Case No. 168 of 2005 in the Court of Judicial Magistrate, Kasia against 15 persons only for the offences under Sections 147, 148, 452, 427, 323, 504, 506, 392 I. P. C.
(2.) THE allegations levelled in the complaint were that during consolidation proceedings plot No. 396 having an area of 7 decimal was allotted to the complainant Prabhu Nath Chaubey. THE accused persons named in the complaint, including the applicants, wanted to dislodge the complainant from the said plot. Motivated by the aforesaid reason on 10-4-2005 at 8. 00 a. m. the 15 named accused persons, including the applicants, armed with Khanti, Lathi and Danda, entered into the house of the complainant and started demolishing his eastern side wall. When the wife of the complainant and his daughter tried to stop them from committing the mischief, then the accused Virendra instigated the other accused persons for annihilating the complainant. On the said instigation of Virendra, Ravindra, Mahatam, Babban, Rajmangal, Jai Singh etc. assaulted the complainant, his wife Ramawati and daughter Shyama from Lathi and Danda. Accused Jai Singh, and Virendra snatched away the neckless and golden ear-rings of the wife of the complainant and thereby caused damage of Rs. 7,500/- to him. THE shriek of the complainant's side attracted Ram Naresh, Sabaroo and several other villagers towards the spot, who intervened into the matter and saved the life of the complainant. By demolition of the wall of the complainant a damage of Rs. 7,500/- was caused to him. THE complainant got himself, his wife and daughter medically examined in the Government Hospital, Kasia. Since the First Information Report was not registered against the culprits, the complainant filed the complaint in the Court. Prabhu Nath Chaubey, the complainant, examined himself under Section 200, Cr. P. C. He also examined Ram Naresh and Sabroo as his witnesses under Section 202, Cr. P. C. He also filed the injury reports, the photographs of the spot, applications sent to the Superintendent of Police and the registry receipts. Looking to the evidence led in the trial and the documentary evidence Judicial Magistrate, Kasia summoned the applicant accused persons vide his order dated 4-5-2005 for offences under Section 147, 148, 452, 427, 323, 504 and 506, I. P. C. The trial Court, however, found no offence under Section 392, I. P. C. being made out against the accused persons and hence it did not summon them for the said offence. Aggrieved by the aforesaid summoning order dated 4-5-2005 accused preferred a Criminal Revision before the Sessions Judge, Kusinagar at Padrauna but they failed in their attempt and their revision was dismissed by the Sessions Judge, Kusinagar at Padrauna vide order dated 1-10-2005 (Annexure 9 ). Hence this Criminal Miscellaneous Application seeking the relief mentioned aforesaid.
(3.) I have heard Sri C. P. Mishra, learned Counsel for the applicants in support of this application and the learned A. G. A. in opposition. From the facts mentioned in the application it is crystal clear that the wall of the complainant was demolished and his family was assaulted by the accused persons as a result of which they sustained injuries and got themselves medically examined. Since the prosecution side sustained injuries, the injured persons must get a chance to substantiate their allegations by leading evidence during the trial. Since triable offence is disclosed, the prosecution of the accused persons cannot be quashed by this Court.;