NATHAI Vs. STATE OF U. P.

JUDGEMENT

(1.) By means of application under Section 482 Cr.P.C., applicants Nathai and twenty eight others approached this Court for quashing the impugned summoning order dated 07.08.2010 passed by Additional Chief Judicial Magistrate, Kunda, District Pratapgarh in criminal misc. case no.646 of 2010, under Sections 147, 323, 504, 506 and 427 IPC, Police Station Baghrai, District Pratapgarh pending in the Court of Additional Chief Judicial Magistrate, Kunda, District Pratapgarh and subsequent proceedings thereof.

(2.) Brief facts giving rise to the present application are that complainant Meera Devi filed a complaint against accused-applicants Nathai and twenty nine others in the Court of Additional Chief Judicial Magistrate, Kunda, District Pratapgarh stating that on 29.03.2010 at about 08:00 AM, in connection of land dispute, accused-applicants came Abadi land in front of her house and started throwing Paira kept in her Abadi land whereupon she and her Dewar Sant Lal objected, accused-applicants abused them in filthy language and extended threat. They pushed her and damaged her articles causing loss of Rs.2,000/-. Incident was witnessed by many persons of vicinity and saved them. It is further stated in application that information of incident was given in the Police Station concerned but no heed was paid.

(3.) Application moved by informant Meera Devi came to be registered as complaint case, learned Magistrate recorded the Statement of informant under Section 200 Cr.P.C. and examined her witnesses Sant Lal and Hari Shanker as PWs 1 and 2. Found sufficient ground for proceedings against the accused-applicants and learned Magistrate summoned them for trial under Sections 147, 323, 504, 506 and 427 IPC vide its order dated 07.08.2010, which reads as under:-