Anil Kumar Srivastava, J. - (1.) Heard Shi Girish Chandra Sinha, learned counsel for the petitioners, Shri Sampurnanand Shukla, learned counsel for the opposite party no.2 , learned AGA and perused the record.
(2.) The petition has been filed with the prayer to quash the proceedings of Complaint Case No. 729 of 2006, Rakesh Kumar v. Triloki Nath and others under sections 147, 352, 504, 506 and 487 IPC, P.S. Hathgawan, District Pratapgarh pending in the Court of Additional Chief Judicial Magistrate, Kunda, Pratapgarh and also summoning order dated 23.8.2007 passed by the learned Magistrate.
(3.) It appears that an application under section 156 (3) CrPC was moved by the opposite party no. 2 against the petitioners alleging therein that co-tenure holder with his brother over plot no. 574 situate in village Vishiya, P.S. Hathgawan, District Pratapgarh on 1.4.2006 at about 5.00 a.m., the petitioners along with some unknown persons have stolen the crop which was sown on 10 bishwa. When the complainant went to see the spot and resisted, then they criminally intimidated him. An application under section 156 (3) CrP.C was treated as complaint. Thereafter, learned Magistrate has passed the impugned order after recording the statements of the complainant under section 200 Cr.P.C. and witnesses under section 202 Cr.P.C.;