Naheed Ara Moonis, J. - (1.) Heard learned counsel for the applicants as well as Sri Ramesh Kumar Mishra, learned counsel appearing on behalf of the opposite party no.2 and the learned A.G.A. on behalf of the State and also perused the material placed on record.
(2.) The instant applicant has been filed to quash the proceeding pursuant to the summoning order dated 27.7.2016 passed by the learned Additional Chief Judicial Magistrate, Chandauli in Complaint Case No.7411 of 2015, under Sections 323,325,504,506 IPC, P.S. Saiyad Raja, District Chandauli.
(3.) It is submitted by the learned counsel for the applicants that the opposite party no.2 has filed a complaint with absolutely false and frivolous allegations. The applicant no.1 is aged about 70 years and applicant nos.2 and 3 are Advocates practicing in Civil Court, Babua, District Kaimur (Bihar). The mother of the complainant, Chameli Kunwar has executed five registered sale-deeds on 4.1.1993 in respect of land in question which was originally belongs to one, Nand Kumar Singh, maternal father (Nana) of the complainant, who died leaving behind him only daughter, namely, Chameli Kunwar and she had inherited the property in question after the death of his father by succession. The complainant is the son of Chameli Kunwar who had executed five registered sale-deeds on 4.1.1993 in favour of applicant no.1, Babban Singh, applicant no.2, Manoj Kumar, Urmila, wife of applicant no.1 and Anil Kumar Singh, son of applicant no.1 and they came into possession over the plot in dispute. Later on the mother of the complainant Chameli Kunwar filed a civil suit No.158 of 2013, which is pending between the parties in which the validity and genuineness of the document was challenged. Since the applicants, who had purchased the plot were raising construction of boundary wall the complainant along with his family members came on the spot on 22.10.2014 armed with lathi, rod, hockey stick and pistol. The son of the real brother of the opposite party no.2 Jitendra Kumar Singh fired upon the applicant no.2 causing injury to him on right jaw. Thereafter other accused persons opened fire and snatched licence pistol of the applicant no.2 and when his other brothers came at the spot the accused persons fled away from the spot.;