ORDER

Leave granted.

2. Heard the learned counsel for the parties.

3. By the judgment and order dated 2nd February, 2001, the High Court of Allahabad allowed the criminal revision No. 263 of 2001 filed by respondent nos. 1 to 4 and set aside the order passed by the sessions court summoning and arraigning them as accused under Section 319 of Cr.P.C. That order is challenged by filing this appeal.

4. It is apparent from the record that the complainant lodged a report with police station Kotwali Thakurdwara, Moradabad on 5.5.1998 that at about 6.30 p.m., he along with his nephew Afroj, Kamal Singh and his son Alam was going towards his house from bus stand and when they reached near the house of Netram, son of Dharm Vir, all of a sudden accused named therein, came there and caught Afroj and threatened to kill him for giving evidence against them. Afroj was witness in a case under section 302 IPC against the accused persons. Accused Sakhawat exhorted "saale ko goli mar do and hence, the complainant and others tried to save Afroj. At that time, the accused persons pulled out country made pistol towards them and threatened to shot down if they approached nearby. They stopped out of fear. M