Allahabad High Court
Ram Milan (Objection Filed) vs The State Of U.P And Ors. on 23 November, 2015
Bench: Bala Krishna Narayana
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 17
Case :- U/S 482/378/407 No. - 7119 of 2013
Applicant :- Ram Milan (Objection Filed)
Opposite Party :- The State Of U.P And Ors.
Counsel for Applicant :- Harish Chandra
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Bala Krishna Narayana,J.
According to the office report dated 23.11.2015 respondent nos. 2 to 7 have been served.
None appears on their behalf.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The applicant by means of this application under Section 482 Cr.P.C. has invoked the inherent jurisdiction of this Court with a prayer to quash the order dated 25.10.2012 passed in criminal case no. 580 of 2012 by the Addl. Chief Judicial Magistrate, Court no. 19, Sultanpur (Annexure-1) to the extent he has refused to summon the opposite party nos. 2 to 4 as well as the order dated 01.11.2013 passed by the Addl. Sessions Judge, Court no. 6, Sultanpur in criminal revision no. 332 of 2013 (Annexure-2).
Brief facts for the case are that a complaint was filed by the applicant on 5.6.2012 against Babadeen alias Ramjas, Lallu alias Ramkaran, Manoj, Smt. Badkia, w/o Lallu, Smt. Chotka, w/o Babadeen and Sanju, d/o Babadeen, respondent nos. 2 to 7 alleging therein commission of offences by them under Sections 147, 323, 504, 506, 452, 436, 427 and 392 I.P.C. with regard to an incident which had taken place on 23.5.2012 near the house of the applicant. According to the complaint allegations while the applicant was cleaning the drain near his house on 23.5.2012, all the above named accused armed with lathi and danda reached the place of occurrence and started hurling abuses at the applicant and assaulted him with lathi, danda, kicks and fists. The applicant raised cries for help and rushed into his house with a view to save himself where his son Hariom, Govind son of Ram Milan and complainant's daughter-in-law Madhuri wife of Hariram were also present. The accused forcibly entered into the complainant's house and beat them also with kicks and fists, damaged the house hold articles worth of Rs. 2,000/- (Rs. two thousand) and also decamped the chain of Smt. Madhuri Devi. The aforesaid complaint was registered as criminal case no. 580 of 2012. The applicant got himself examined under Section 200 Cr.P.C. while Govind and Ram Lal were examined as PW-1 and PW-2 under Section 202 Cr.P.C.
The concerned Magistrate vide his order dated 25.10.2012 refused to summon respondent nos. 3 to 5 and summoned Babadeen alias Ramjas, Lallu alias Ram Karan and Smt. Chotka respondent nos. 2, 6 and 7 only for facing trial for the offences punishable under Sections 323, 504 and 506 I.P.C.
Aggrieved from the part of the order dated 25.10.2012 passed by the Addl. Chief Judicial Magistrate, Court no. 19, Sultanpur, by which he had refused to summon the respondent nos. 3 to 5 the applicant preferred criminal revision no. 332 of 2013 (Ram Milan vs. State of U.P.) before the Addl. Sessions Judge, Court no. 6, Sultanpur which was dismissed by him by his order dated 01.11.2013 (annexure-2).
Learned counsel for the applicant submitted that the reason given by the learned Magistrate in his order for refusing to summon respondent nos. 3 to 5 that there are serious contradictions and inconsistencies in the statements of the informant and the statements recorded under Sections 200 and 202 Cr.P.C. regarding the number of persons involved in the incident is totally erroneous and vitiated by total misreading of the evidence on record. He next submitted that the complainant as well as the other witnesses examined under Sections 200 and 202 Cr.P.C. have made consistent allegations of assault, damaging the house hold articles and decamping with the chain of Smt. Madhuri, daughter-in-law of the complainant against all the accused. He further submitted that the revisional court has failed to exercise its jurisdiction illegally in refusing to rectify the mistake committed by the learned Magistrate. He lastly submitted that the orders passed by both the courts below are liable to be set aside.
Per contra, learned A.G.A. made his submissions in support of the impugned orders. However, he has not been able to draw the attention of this Court to any contradiction or inconsistency in the statements of the applicant, PW-1 and PW-2. recorded under Sections 200 and 202 Cr.P.C. respectiely regarding the number of persons involved in the commission of the crime in question.
I have very carefully gone through the allegations made in the complaint (annexure-3) and statements of the complainant, Govind and Ram Lal, PW-1 & PW-2 (Annexure nos. 4, 5 & 6) recorded under Sections 200 and 202 Cr.P.C. respectively. The applicant as well as PW-1 and PW-2 in their statements have unequivocally stated that all the accused had abused the applicant and then assaulted him and his other family members present in his house with lathi, danda, fists and kicks, damaged house hold articles and thereafter decamped with the chain of Smt. Madhuri Devi, daughter-in-law of the complainant. There is absolutely no contradiction or inconsistency in the facts stated by them in their statements.
The refusal of the learned Magistrate to summon the respondent nos. 3 to 5 for facing the trial for the offences under Sections 147, 323, 504, 506, 452, 436, 427 and 392 I.P.C. can not be sustained. The order passed by the revisional court is also liable to be set aside on the ground of its failure to rectify the mistake committed by the learned Magistrate.
For the aforesaid reasons, this application is allowed. The impugned order dated 25.10.2012 (Annexure-1) passed by the Addl. Chief Judicial Magistrate, court no. 19, Sultanpur in Criminal Case no. 580 of 2012 is set aside to the extent learned A.C.J.M. Court no. 19, Sultanpur refused to summon the respondent nos. 3 to 5.
The order dated 01.11.2013 (Annexure-2) passed by the Addl. Sessions Judge, court no. 6, Sultanpur in Criminal Revision no. 332 of 2013 is also set aside. The matter is remitted back to the learned Addl. Chief Judicial Magistrate, Sultanpur for reconsidering the matter afresh - qua respondent nos. 3 to 5.
There shall be however no order as to costs.
Order Date :- 23.11.2015
Faridul
