Naheed Ara Moonis, J. - (1.) Heard the learned counsel for the applicants. learned A.G.A. for the state and have taken through the record.
(2.) The instant 482 petition has been filed on behalf of the applicants invoking inherent power of this court to quash the proceeding of Complaint case No. 1336 of 2016 pursuant to summoning order dated 13.12.2016 passed by the learned Judicial Magistrate, Baheri, Bareilly summoning the applicants to face trial under Sections 379, 504 and 506 I.P.C., police station Baheri, district Bareilly.
(3.) It is submitted by the learned counsel for the applicants that the opposite party no. 1 has lodged a complaint against the applicants and some unknown persons that they were trying to take illegal possession of the land belonging to Maharshi Pantjali Vaidik Yog Sansthan. The opposite party no. 1 claimed himself to be the President of the aforesaid registered Sansthan. It is further alleged therein that the Vice President Master Sohan Lal on account of highhandedness of the applicants died due to shock on 2.6.2005 at 12 O' Clock. The applicants along with other persons armed with weapons arrived there and manhandled the property, destroyed the goods, committed theft of solar panel charger and other articles lying in a room and had put a lock in the Sansthan. It is alleged that when the complainant restrained the applicants from taking away the goods the applicants had used abusive language and extended threat of dire consequences. They had threatened that they will be done to death and they had removed the name of Maharshi Pantjali Yog Sansthan and Maharshi Dayanand Bhawan engraved on the building and escaped from the spot unleashing reign of terror. The complainant tried to lodge the first information report in this regard but no report was lodged. He had also informed to the higher police officials through registered post in respect of the incident but no report was lodged, hence the application was moved under section 156 (3) Cr.P.C. to direct the concerned police station to investigate the case after lodging of the first information report.;