Anil Kumar Srivastava, J. - (1.) Heard Sri Saurabh Srivastava, learned counsel for the petitioners, Sri Arshad Ahsan Siddique, learned counsel for opposite party no.2 as well as learned AGA for the State and perused the record.
(2.) Learned counsel for the applicants have prayed for quashing the charge-sheet filed in the court of learned Chief Judicial Magistrate, Rae bareli in Case No.102 of 2005, under Sections 341, 323, 504, 506 IPC and Section 3(i)(x) SC/ST Act, relating to Police Station-Mill Area, District-Rae bareli and Charge-sheet No.170 of 2005 and also to quash the impugned order dated 11.12.2006 taking cognizance by the learned Chief Judicial Magistrate, Rae bareli in Case No.3648 of 2005; State vs. Hari Prasad Yadav and others.
(3.) Informant-Complainant moved an application under Section 156(3) Cr.P.C. stating therein that he belongs to scheduled castes by pasi. A civil suit is pending against Badri Prasad Yadav. Badri Prasad Yadav is pressuring him to withdraw the case. On 16.4.2005 at about 6.00AM, when complainant was going to his village from Vairhana, his samdhi Ramesh son of Guzzar was also accompanying him, complainant boarded a jeep Badari Prasad Yadav alongwith 3 to 4 unknown persons also boarded the jeep. Complainant tried to got down from the jeep but Badri Prasad alongwith his companions caught him. They tried to strangulate him by Angauchha and put a pistol to his neck. They took the complainant to a house and obtained thumb impression on blank stamps and also snatched Rs.970/- and gold chain. Thereafter, at 3.00 PM they took him to unknown deserted place where they abused and intimidated him and thrown him from the jeep. This place was ''chhedi ka purba'. Complainant reached his in laws' house at Bairhatna. Thereafter, he went to lodge the report but it was not registered. Then application was moved under Section 156(3) Cr.P.C. On the basis of this application and order of the Magistrate, case was registered at Crime Case No.102 of 2005, under Sections 342, 394, 323, 504, 506, 467, 468 IPC and Section 3(i)(x) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, relating to Police Station-Mill Area, District-Rae bareli. Investigation was entrusted to S.I. J.P. Pandey. After investigation, investigating officer submitted a charge-sheet against the accused under Sections 341, 323, 504, 506 IPC and Section 3(i)(x) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. Learned Magistrate had taken cognizance by the impugned order which is under challenge.;