The main legal point established in the judgment is that the complainant is obliged to examine only those witnesses on whom he places reliance, and the Magistrate, at the stage of summoning, is only required to determine if a triable offence is made out from the complaint and the statements recorded under Sections 200 and 202 Cr. P. C.

The present application has been filed by Pradeep Kumar, Rajeev Kumar, Vinay Kumar, Dharma Veer and Rajesh, with the prayer to set aside the judgment and order dated 4-2-2006, passed by Additional Sessions Judge/ Special Judge, E. C. Act, Bulandshahr, in criminal revision No. 482/05, Pradeep Kumar & Ors. v. State of U. P. The applicants have also prayed for setting aside the order dated 16-8-2005 passed by Judicial Magistrate 1st, Bulandshahr in case No. 1765/05 under Sections 147, 148, 149, 323, 504, 506 and 395 IPC, P. S. Dibai, District Bulandshahr. By the aforesaid order dated 16-8-2005, the Judicial Magistrate has summoned the applicants for offences under Sections 147, 148, 149, 323, 504, 506 and 395 IPC and vide impugned order dated 4-2-2006 the Additional Sessions Judge/ Special Judge, E. C. Act, Bulandshahr has rejected the revision filed by the accused challenging the aforesaid summoning order passed by the Judicial Magistrate As the present applicants were summoned as an accused and their revision before the lower revisional Court was also rejected, hence this application under Section 482 Cr. P. C. for quashing of both the orders.

2. The Facts encapsulated are that a FIR was lodged on 9-3-2002 at 4 p. m. by the informant respondent No. 2 Manoj Kumar in respect of an incident alleged to have taken place on 10-1-2002 at 10. 30 a. m. , which was registered as crime No. 145/05 under Sections 147, 148, 149, 323, 504, 506 and 395 IPC, at P. S. Dibai, District Bulandshahr. In the aforesaid FIR the informant Manoj Kumar had made the present applicants an accused. It is important to note that the two applicants Rajeev Kumar and Vinay Kumar are the real brothers of the informant. The thumbnail sketch of the fact mentioned in the FIR was that the informant was also a partner in Kailash Gyan Talkies, which is situated on plot no 203 Railway Road, Dibai. On 10-1-2002 at 10. 30 a. m. he had gone to the accused Rajeev and Vinay Gupta who are his real brothers to inquire about the illegal construction over the plot as well as regarding the sale of the two generator sets, both belonging to the said Talkies There, he was assaulted by the applicants with kicks, fists, lathi and dandas and was also vituparised and threatened for life by the accused who were variously armed. Rajeev Kumar had a Katta in his hand and rest of the accused persons were armed with lathi and danda Rajeev Kumar and Vinay broke the lock of the godown of the informant, looted his 687 bottles of Pepsi soft drink, snatched away his golden chain and Rs. 213/-from the pocket of his shirt. The informant received injuries in the incident and got himself medically examined at PHC on 10-1-2002. On alarm being raised by the informant Hari Om, Titu and many others rushed to the spot and saved the informant. As the report of the informant was not recorded by the police hence he filed an application before the higher officers alongwith his injury report but all in vain, therefore, he filed an application before the SSP, Bulandshahr and at his instance the FIR of the informant was registered against the culprits. A copy of the said FIR is Annexure 1 to the affidavit filed in support of this application. The medical examination report of the informant has not been annexed alongwith the present application by the applicants. The police of Police Station Dibai, after the investigation submitted a Final Report in the crime vide Annexure 2 to this application. The protest petition of the informant dated 17-9-2002 in the said F. R. Case No. 17 of 2002 was treated as Complaint by the Additional CJM, Anoop Shahar titled as Manoj Kumar v. Rajeev Kumar & Ors. The statement of the informant was recorded under Section 200 Cr. P. C. and that of his witnesses Hari Om, Dr. Awadh Bihari, Hari Shankar Varshney and constable

Deep Chand Singh under Section 202 Cr. P. C. All the above witnesses supported the informants version in all material particulars. Dr. Awadh Bihari state