This application under Section 482 of Crpc has been filed for quasning the FIR (Annexure-1), lodged by one Sri Vipin Bihari on 22-6-2000 at 3. 45 with Police Station Ramkot of District Sitapur against the applicants in which it has been alleged that on 17-6-2000 at 5. 30 p. m. while the informant was near a polling station established for purpose of holding Panchayat Election; that these accused came and started abusing him and when the informant moved to his house, the accused started pelting stones at the house of Vipin Bihari and the accused Devi Sahai fired country made pistol, with a view to kill him. It was also said in tins FIR that the informant ran to his rescue, inside his house and in the meantime many villagers such as Prem Nath, Patari and Dadheej reached the spot and thereupon, the accused fled away, abusing and threatening the informant. The averments made in the petition are that FIR is totally false and concocted and this has been lodged to wreck vengeance on account of election enmity.

2. The learned counsel for the State has raised a preliminary objection as against the maintainability of this applica tion under Section 482 of Crpc. His objec tion