Attau Rahman Masoodi, J. - (1.) Heard learned counsel for the revisionists and Sri V.K. Shahi, learned Addl. Advocate General and Sri Anurag Verma, learned AGA for the State.
(2.) This revision filed under Section 397 read with Section 401 Cr.P.C. has assailed the summoning order passed in compliant case no. 8278/2017 on the ground that the complaint in question is not only malicious but suffers from an abuse of process of law and thus, the proceedings deserve to be quashed at the very inception.
(3.) The brief facts of the case are that an occurrence that took place on 19.3.2011 at 11-12 p.m. resulted into death of one Babloo son of opposite party no. 2 and one Smt. Lalli Devi, mother of revisionist no. 1 also sustained firearm injuries in the abdomen. F.I.R. was lodged by revisionist no. 1 against four accused persons, namely, Rajesh, Radheyshyam, Ram Pal and Ram Naresh which was registered vide case crime no. 359/2011 under Section 307, 302, 427 IPC and 3(2)(5) SC/ST Act. Charge sheet was filed in the aforesaid criminal case on 15.4.2011 against all the accused persons in the F.I.R. who were arrested on the same day consequent upon the registration of F.I.R. It appears that an application under Section 156(3) Cr.P.C. was filed by opposite party no. 2 before the court below on 26.4.2011 on which an order for registration of F.I.R. to investigate the case was passed on 2.7.2011. The F.I.R. was registered vide case crime no. 1101/2011 under Section 302 IPC and 3(2)(5) SC/ST Act. The police in the case registered in compliance of order passed on the application filed under Section 156(3), filed final report before the court concerned against which a protest petition was filed by opposite party no. 2 and the same came to be rejected by an order dated 7.9.2012.;