Sudhir Agarwal, J. - (1.) Heard learned counsel for revisionists, learned A.G.A. for State-respondent, and, perused the record.
(2.) This criminal revision under Section 397/401 Cr.P.C. has arisen from order dated 24.07.2004 passed by Special Judge (D.A.A.), Agra rejecting final report submitted by police and accepting protest petition on the basis of affidavits filed along with protest petition. Thereafter, Trial Court took cognizance of the offence under section 394 IPC against revisionists and issued nonbailable warrant fixing 28.08.2004 for appearance of accused revisionists.
(3.) The facts in brief, as borne out from the record, are that in the night intervening 18/19.07.2001 while informant Birma Devi, her brother Ram Naresh and grandmother Ramshri were sleeping in the courtyard inside house, at about 2 a.m., all the four accused revisionists armed with bricks and dandas entered in the house and assaulted informant, her brother Ram Naresh and grandmother Ramshri with bricks and dandas. Thereafter, they took away four boxes, one attaichi, besides clothes, utensils and Rs. 5,000/- in cash, jewellery of gold and silver. They also snatched earrings of informant and her grandmother.;