VINOD PRASAD, J. - (1.) HALF a dozen applicants, namely, Yogendra Singh Jha @ Yogi, Govinda Jha, Deepak Jha, Raj Kumar Tha Raiesh Thakur and Bhushan Jha have challenged their summoning order dated 26.11.2005 (Annexure No. 8 to the affidavit) passed by Judicial Magistrate, Gautam Budha Nagar in Complaint Case No. 5738 of 2005 (Faikan Chaudhary v. Yogendra Singh Jha and others), under sections 406, 147, 324, 504 and 506 IPC, Police Station Sector 20, NOIDA, District Gautam Budha Nagar.
(2.) THE pleadings made in this appli ­cation indicate that respondent No. 2 Fai ­kan Chaudhari instituted prosecution of Complaint Case No. 5738 of 2.005, Faikan Chaudhry v. Yogendra Singh Jha and others in the Court of Chief Judicial Magistrate, Gautam Budha Nagar on 5.4.2005 with the allegations that he had given Rs. 5000/ - to Yogendra Singh @ Yogi, the first applicant, for erecting a thatch. After some time when he demanded his money back then Yogendra Singh Jha @ Yogi started making ex ­cuses. On 23.3.2005 at 10.30 p.m. respon ­dent complainant Faikan Chaudhry went to the house of Yogendra Singh Jha @ Yogi, applicant No. 1, and repeated his demand to repay Rs. 5000/ - on which Govinda Jha, Deepak Jha, Raj Kumar Jha, Rajesh Thakur and Bhushan Jha, at the instigation of Yogi, assault respondent -complainant with sharp edged weapons already carried by them due to which respondent -complainant sustained lacerated wound on the head. Assault was witnessed by Kamla Kant Mishra, Ravindra and many other co -villagers, who intervened and saved the life of the complainant -respondent. When the victim was being transported to the hospital he was also abused filthy by the accused persons, who also threatened him to be murdered. Endeavour by respondent -complainant to get a FIR registered did not yield desirable result, as the FIR only for non -cognizable offences under sections 323 and 504 IFC was registered by the police under the influence of accused persons. Wife of respondent -complainant had also approached the police officers in vain to get the FIR of serious offences registered. Since complainant -respondent was assaulted and threatened and the money advanced by him was not repaid that he invoked the power of the Magistrate and lodged a complaint on 5.4.2005 (Annexure No. 5).
(3.) THE medical examination report of Faikan Chaudhry, Annexure No. 6, indi ­cates that he had sustained as many as seven injuries, which were caused by hard blunt objects.;