MOHD YOUNUS Vs. STATE
LAWS(ALL)-2005-12-171
HIGH COURT OF ALLAHABAD
Decided on December 16,2005

MOHD YOUNUS S/O ALIMUDDIN; MOHD HANEEF S/O ABDUL AZEEZ; ABDUL AZIZ S/O ALLAH BUX AND ALIMUDDIN S/O ALLAH BUX (IN JAIL) Appellant
VERSUS
STATE Respondents

JUDGEMENT

- (1.)This is a revision against judgment and order dated 6.5.1987 passed by Sri C.B. Jaiswal, then learned Sessions Judge, Bijnor in Criminal Appeal No. 83 of 1986, Mohd. Younus and Ors.v. State of U.P.
(2.)The facts relevant for disposal of this revision are that on 18.8.1984 Ram Singh, Kurk Amin lodged a report at police station Nazibabad district Bijnor against accused revisionists with these allegations that on the aforesaid date he alongwith constables Vikram Singh and Rajpal Singh; and Suresh Chandra Sharma, Ashok Kumar and Param Singh, employees of Akabarabad Kisan Sewa Sahakari Samiti had gone to arrest Mohammad Younus, debtor of the above Samiti for recovery of the amount due against him. At about 4.30 P.M. when they tried to arrest Mohd. Younus, he and his associates named Mohd. Hanif, Alimuddin and Abdul Aziz started to abuse them and stated that if any action is taken by them, they would be murdered and the accused collected around them. Mohd. Younus tried to run away then Ram Singh and his companions tried to chase Mohd. Younus but the remaining accused obstructed them and so Mohd. Younus could not be arrested.
(3.)On the basis of the above report a case under Sections 353, 504 and 506 I.P.C was registered against them and after investigation the police submitted a chargesheet against the accused persons. The accused were charged under Sections 353 and 506 I.P.C. They pleaded not guilty and claimed to be tried.


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