Hon’ble Vinod Prasad, J.—Applicant, Umrao Singh son of (Late) Buddha Singh has approached this Court in the instant Application under Section 482 Cr.P.C. (herein after referred to as the code), being aggrieved by the order, dated 12.1.2010, passed by Chief Judicial Magistrate, J.P. Nagar, in Complaint Case No. 4187 of 2007, Umrao v. Akil and others, under Sections 302 and 452 I.P.C., P.S. Saidangali, district J.P. Nagar, by which order Chief Judicial Magistrate has dismissed the complaint of the applicant Umrao Singh under Section 203 of the code.

2. In this Application, notices were served on private respondent Nos. 2 to 5 and they have filed a counter-affidavit through Shri Rajeshwar Singh, advocate.

I have heard Shri P.C. Srivastava, learned counsel for the applicant, Shri Rajeshwar Singh, learned counsel for the respondent accused No. 2 to 5 and Sri Patanjali Misra, learned AGA for respondent No. 1 State. Notice served on Shri B.R. Singh, another learned counsel for respondent Nos. 2 to 5, was tendered in Court today, which is taken on record and shall form the part of the record.

A brief resume of back ground essential facts indicates that the complainant applicant Umrao Singh lodged a complaint before C.J.M., J.P. Nagar, Annexure 1, on 29.10.2004, registered as complaint case No. 590 of 2004, Umrao Singh v. Akil and others, under Sections 302 and 452 IPC, leveling allegations thereunder that complainant/ applicant was residence of village Pansukha Milak and was a village watchman (chowkidar). A murderous assault was made on his father Buddha Singh (since murder) on 29.2.2000 at 2.00 a.m in the night by respondent Nos. 2 to 5, namely Akil, Ali Ahmad, Anwar and Farman, regarding which an F.I.R. of Cr. No. 82 of 2000, under Section 307 IPC, was registered and ultimately under taken investigation resulted in charge-sheeting of those accused, on the basis of which they were summoned by the Magistrate to face the trial for the offence of attempt to murder under Section 307 IPC. Finding their case triable by the Session’s Court, it was committed to Session’s Court and was registered as S.T. No. 649 of 2001, State v. Akil and others. Said trial was allotted to Additional/Special Session’s Judge, where it was pending on the date of the present incident. 5.8.2004 was date fixed in the aforesaid trial for recording of evidence /depositions of injured Buddha Singh, father of the complainant. Accused persons were pressurizing Buddha Singh not to depose against them in the aforesaid Session’s trial, but injured Buddha Singh was adamant for testifying against them. Since accused could not compel Buddha Singh to desist from giving evidence against them, therefore, on the intervening night between 24/25.7.2004, at 12.00 p.m., all four accused(respondent Nos. 2 to 5) armed with country-made pistols climbed upon the roof of complainant’s house, where Buddha Singh was in a deep slumber. On the adjacent roof, complainant and his brother Jagdish were also sleeping. At the instigation of Ali Ahmad, respondent No. 3, complaint Umrao and his brother woke up and tried to resists the accused but without success. Ali Ahmad, respondent o. 3, thereafter, shot dead Buddha Singh, from point blank range, causing injuries on his chest. Gun fire sound, attracted Smt. Ramwati, complainant’s wife and other locality neighbors at the scene, on which murderers escaped from the spot threatening complainant/ applicant inhibiting him not to lodge FIR against them, otherwise he will meet the same destiny as that of the deceased father.

3. Complainant Umrao Singh went to the police station Saidangali at dawn of 25.7.2004 and lodged F.I.R. about the incident at 3.30 a.m. against named accused, which F.I.R. was scribed by Om Prakash as crime No. 597 of 2004, under Sections 302 and 452 I.P.C. Police commenced investigation into the murder crime but, in midst with of it, colluded with accused by exonerating them and charge-sheeting complainant Umrao Singh and h