SIRAJUL Vs. STATE OF U P

JUDGEMENT

(1.) The appellants have called in question the order dated 6th July, 2009 of the High Court of Judicature, Allahabad, Bench at Lucknow in Criminal Miscellaneous Case No.2428 of 2009. Thereby, the High Court declined to interfere with the order of summoning and to quash the complaint dated 3rd May, 2008 registered as Criminal Complaint Case No.1066 of 2008 under Section 307 of the Indian Penal Code, P.S. Atrauli, District Hardoi, pending in the Court of Judicial Magistrate-II, Hardoi. According to the appellants, the complaint and the proceedings were gross abuse of process of the Court having been filed after gross delay of 16 years after the incident.

(2.) The incident in question took place on 11th February, 1992. In respect of the said incident, there were two cross cases being Crime Case No.37/92 under Section 307 IPC registered against the appellants, and Crime Case No.37A/92 under Section 307 IPC registered at the instance of the appellants at Police Station Atrauli, District Hardoi. The investigating Agency charge sheeted respondent No.2, which gave rise to Session Trial Case No.760 of 1995. After trial, respondent No.2 and three others were convicted under Section 307/34 IPC and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000/- each vide judgment dated 23rd September, 2009 by Additional Sessions Judge/F.T.C.-I, Hardoi. However, an appeal against the said judgment is said to be pending. Respondent No.2, in his statement under Section 313 Cr.P.C. stated that he had also lodged a cross case. He also led defence evidence in support of the cross version. Having regard to the nature of injuries received on the side of the appellants and other evidence, version of the appellants was accepted and respondent No.2 and two others were convicted.

(3.) What is significant and undisputed is the fact that though respondent No.2 had registered Crime Case No.37/92 on 11th February, 1992 against the appellants and no action was taken thereon, he kept quiet till 11th August, 2005. Meanwhile, respondent No.2 and other co-accused were charge sheeted on 21st January, 1993 and session trial commenced against them in the year 1995. It was only on 11th August, 2005 that respondent No.2 filed an application for summoning progress report of Crime Case No.37/1992, so that the cross case against the appellants could also be tried along with the trial against respondent No.2.