JUDGMENT :

[Syed Aftab Husain Rizvi, J.]

1. Heard Sri Byas Kumar Prasad, learned counsel for the revisionists and learned A.G.A. for the State. However, none appeared on behalf of opposite party no.2.

2. This criminal revision has been filed with the prayer to set aside judgement and order dated 18.04.2015 passed by learned Chief Judicial Magistrate, Siddharthnagar in Criminal Complaint Case No.277 of 2013 (Ripusudan Mishra Versus Kaushlesh Mishra and others) under Sections 506 and 427 I.P.C. , Police Station Siddharthnagar, District Siddharthnagar, pending the court of Chief Judicial Magistrate, Siddharthnagar.

3. In brief, the facts of the case are that opposite party no.2 moved an application under Section 156(3) Cr.P.C. against revisionists and Sub Inspector Santraj Yadav, Constable Rauf Khan and five unknown constables, alleging therein that the father of the opposite party no.2 paid Nazrana of Rs.20/-to ex-Zamindar on 30.09.1951 and obtained 00.3.10 area of previous no.362, present no.56 of Village Rehra. The applicant got constructed foundation and boundary wall over the same. On 20.09.2012 at about 5.00 p.m. Kaushlesh Mishra pretending himself to be a journalist moved an application with forged signature of his uncle at Tehsil Naugarh. On this application the accused persons came on the spot with JCB machine and got the foundation and boundary wall dismantled causing loss of Rs.24,000/-. The incident was seen by co-villagers Bechu, Vyas Muni, Arun Kumar Mishra and others. Learned Magistrate treated this application as complaint. Thereafter the complainant examined himself under Section 200 Cr.P.C. and two witnesses Bechu and Arun Kumar under Section 202 Cr.P.C. The complainant in his statement stated that Guru Charan, Naib Tehsildar, Rudramani, Junior Engineer and Santraj Yadav, Sub Inspector and six policemen reached on the spot with JCB machine of Nawab Ali and they dismantled foundation and boundary wall. The witnesses also reiterated the aforesaid facts. Learned Magistrate vide order dated 01.05.2014 summoned only one accused Kaushlesh Mishra for the offence under Section 506 I.P.C. Aggrieved with aforesaid order, the opposite party no.2 filed Criminal Revision No. 96 of 2014 and Sessions Judge, Siddharth Nagar vide order dated 24.07.2014 allowed the revision and set aside the impugned order dated 01.05.2014 and directed the court below to pass fresh orders in the light of observations made in the body of the judgement after affording opportunity of oral hearing to the complainant. Thereafter, learned Magistrate in compliance of order of the revisional court passed fresh order on 02.12.2014 and summoned the revisionists for the offence punishable under Sections 427 and 506 I.P.C. An application bearing Criminal Misc. Application (U/S 482 Cr.P.C.) No.500 of 2015 was filed by the revisionists-accused and in terms of the order dated 17.01.2015 passed by this Court in the aforesaid application, the revisionists moved an application under Section 245(2) Cr.P.C. for discharge on the grounds that the revisionists are innocent and they have been falsely implicated due to enmity and for harassment, there is no justification or evidence to file the complaint, the allegations of the complaint clearly establish that the nature of the dispute is revenue and civil and there is no ground to lodge a complaint, on the complaint dated 07.05.2012 of Lalllan Prasad Mishra, who is not a party in the case, while taking cognizance, Sub Divisional Magistrate vide letter dated 12.09.2012 passed the order against the complainant to remove his illegal encroachment by constructing boundary wall on the banjar land of Gram Sabha, in compliance of the aforesaid direction, in presence of Circle Officer (Police), the government employees in discharge of their official duty removed illegal construction, remaining applicants have no concern with it, the complainant intentionally concealing the facts and without impleading Sub Division Magistrate, Nau