Allahabad High Court
Uma Singh Yadav And Others vs State Of U.P. on 13 January, 2010
Author: Ravindra Singh
Bench: Ravindra Singh
Court No. 54
Criminal Misc. Application NO. 782 of 2010
Uma Singh Yadav and others Versus State of U.P.
Hon'ble Ravindra Singh,J.
Heard Sri Dharam Pal Singh, Senior Advocate, assisted by Sri S. Niranjan, Sri P.K. Dubey, and Sri Naresh Kumar, learned counsel for the applicants, learned A.G.A. for the State of U.P. This application has been filed with a prayer to quash the proceedings of Special Case No. 22 of 2008 arising out of the charge sheet submitted in case crime no. 102 of 2007 under sections 395,397 I.P.C. P.S. Bidhuna, pending in the court of learned Special Judge, D.A.A. Auraiya.
It is contended by the learned counsel for the applicants that in respect of the incident of the present case F.I.R. in case crime no. 38 of 2006 under sections 147,148,149,302,307, 345,353,322 I.P.C. and 7 Criminal Law Amendment Act was lodged by Jaiveer Singh at P.S. Bidhuna on 27.2.2006 at 7.00 p.m. in respect of the incident which had occurred on 27.2.2006 at about 5.00 p.m. at Maya Guest House, against O.P. No.2, and others, F.I.R. in case crime no. 39 of 2006 under section 25/27 of the Arms Act was also registered against O.P. No.2 Shiv Prasad, thereafter, the F.I.R. in case crime no. 54 of 2006 was registered against O.P. No. 2 under sections 147,342 I.P.C. on 27.2.2006 at 8.40 p.m. by Raj Kumar, in both the cases applicants and other co-accused persons were charge-sheeted, thereafter, the case was committed to the court of sessions vide S.T. Nos. 26 of 2008 and 25 of 2008 respectively, In the aforesaid incident, the police personal had also sustained injuries, O.P. No.2 and others were having the political nexus with the present Government of the State of U.P. that is why the aforesaid case was withdrawn by Government Order dated 24.3.2008, permission to withdraw the case under section 321 Cr.P.C. was also granted by the learned Additional Sessions Judge/F.T.C. Auraiya, vide order dated 30.8.2008 in respect of the same incident of Maya Guest House, the F.I.R. i.e. of the present case has been lodged by O.P. No.2 on 12.2.2007 after 2 expiry of one year and five months under political pressure in the case prior to that no F.I.R., Complaint or application under section 156(3) Cr.P.C. was moved by O.P. No.2. F.I.R. of the present case was lodged only to create defence and that too without doing proper investigation charge sheet has been submitted against the applicants under section 395/397 I.P.C. in case no. 102 of 2007, the prosecution of the applicant is full of malafide and it will serve no purpose whereas O.P. No.2 and other who were accused of murder case, therefore, the case have been withdrawn by Government.
The learned A.G.A. prays for and is granted four weeks time to file counter affidavit.
Issue notice to O.P. No.2 returnable within four weeks. Considering the facts and circumstances of the case, submission made by the learned counsel for the applicant and the elarned A.G.A. further proceedings in Special Case No. 22 of 2008 under section 395,397 I.P.C. pending in the court of learned Special Judge D.A.A./Additional Sessions Judge, Auraiya, shall remain stayed till the next date of listing.
List after four weeks for orders.
DT. 13.1.2010 Salim/NA