- (1.) The petitioners have filed the present petition under Section 482 Cr.P.C. for setting aside the order dated 08.11.2011, passed by learned Judicial Magistrate 1 st Class, Nuh, (Annexure P-2) summoning the petitioners as accused in a complaint, and the order dated 12.5.2012 (Annexure P-3), passed by learned Additional Sessions Judge, Nuh, whereby the revision petition filed challenging the order (Annerxure P-2) was dismissed.
(2.) The brief facts of the case are that respondent, Smt. Bimla, filed a complaint before the learned Judicial Magistrate 1 st Class, Nuh, on the allegations that she was resident of Tauru and owned a plot measuring 800 square yards situated within the abadi deh, which was allotted to her as a landless Harijan. It was further alleged that on 11.07.2010, while the respondent was working in her plot, all the petitioners in collusion with each other reached there and quarreled with her, threw away the construction material out of the plot and threatened her to vacate the plot immediately, otherwise to face the dire consequences. It was further alleged that when she resisted the act and conduct of the petitioners-accused, they misbehaved, gave beatings to her and raised lalkara and uttered "Chamari Dhedni Tujhe es plot main naheen rehene denga tatha kabza ham karenge". One Dinu reached at the spot and rescued her from the clutches of the petitioners. While leaving, the petitioners threatened the respondent-complainant to cause her death as and when they get an opportunity. The respondent-complainant further alleged that the petitioners caught her breast deliberately. The matter was reported to the police but no action was taken.
(3.) The complaint was filed before the learned Area Magistrate and request was made to send the same in terms of Section 156(3) Cr.P.C. for registration of the case. However, the learned Area Magistrate proposed to treat the same as a complaint and directed the respondent-complainant to lead preliminary evidence. The preliminary evidence was led, thereafter, vide Annexure P-2 dated 08.11.2011, learned Judicial Magistrate 1 st Class, Nuh, ordered to summon the petitioners for having committed the offences punishable under Sections 323, 354, 506, IPC, and Section 3(iii), (v) and (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. The petitioners filed the criminal revision before the learned Additional Sessions Judge, Nuh, challenging the order (Annexure P-2) dated 18.11.2011, however, the same was dismissed on 11.05.2012 and hence the present petition under Section 482 Cr.P.C.;