Krishna Pratap Singh, J. - (1.) Heard Shri Suneel Kumar Rai, learned counsel for the applicants and learned Additional Government Advocate and perused the record of the case.
(2.) This application under Section 482 of the Code of Criminal Procedure, hereinafter referred to "Cr.P.C." has been filed for quashing the charge sheet dated 27.11.2016 under sections 147, 148, 149, 323, 325, 504, 506 IPC and 3(2)(v) of SC and ST Act, police station Bela, district Auraiya as well as the entire Criminal Case No. 123 of 2017 arising out of Case Crime No. 199 of 2016.
(3.) In brief, the facts of the case are that a report was lodged by the informant Satyabhan Dohre, who belongs to scheduled caste to the effect that on 20.8.2016 when he was going to Bidhuna at 2.30 PM along with Ajay Kumar Dohre and Alok Kumar Yadav on motorcycle, at village Bhagwantpur Alok has stopped the motorcycle for easing himself. At that time an Omni Car coming from the side of Bidhuna stopped near the complainant from which the applicants came out and started abusing the informant and Ajay Kumar Dohre by caste derogating words by saying that you people help Ashok very much. When the complainant opposed to the abuse, all the applicants started bearing them with kicks, fists and Danda. Ramveer Yadav was shouting that today they should be killed. When Nageshwar started loading country made pistol, then the complainant and others started crying and ran away. When the residents of Bhagwantpur and other passerby collected there, the accused ran away from the spot threatening of dire consequences.;