TAJJAMULL HUSSAIN Vs. CHIEF JUDICIAL MAGISTRATE BAREILLY

JUDGEMENT

(1.) This petition under Sec.482 Cr. P. C. has been preferred for quashing the charge sheet and proceeding against the applicants in Criminal Case No.6148 of 1998, (State v.Mujahid and others) under Sec. 302 I. P. C., P. S. Kotwali Aonla, District Bareilly arising out of crime No.238 of 1988 pending in the Court of Chief Judicial magistrate, Bareilly and for direction that further investigation under Sec.173 (8) Cr. P. C. be made by the C.B.C.I.D.

(2.) One Smt. Dilawari Begum lodged an F.I.R. on 29-4-1998 against the applicants and one Safiullah under Sec.302 I.P.C. alleging that on the evening of said date i.e. 24-9-1998 at about 8P.M. her husband Isar Ahmad was coming to his house from shop on which he was working. When he reached near the house of Ajay, the applicants and saffiullah, who were present there from before surrounded him. On hearing shrieks of her husband, the persons of the Mohalla and she also reached on the spot and observed that Saffiullah and Mujahid Hussain, applicant No.2 had caught her husband hold and Tajjamull Hussain, applicant No.1 fired pistol shots upon him, due to which he fell down and died. Quamar Miyan and several other persons had observed the occurrence in the light of electricity. Her husband had dispute with the applicants and Saffiullah regarding purchase of land and he was murdered on account of above enmity. On the basis of above report a case at crime No.139 of 1998 under Sec.302 I.P.C. was registered against the applicants and Safiullah. After investigation, the police submitted charge sheet against the applicant and Safiullah under Sec.302 I.P.C. On the submission of charge sheet, the learned Chief Judicial Magistrate, Bareilly summoned the applicants and Safiullah in the said case. The applicants then filed this petition for quashing the charge sheet and re-investigation by C.B.C.I.D.

(3.) Initially a Criminal Writ Petition No. 5639 of 1998 was filed. The above petition was decided by a Division Bench of this Court on 7-12-1998 holding that the petition was disposed of with only observation that petitioners may either withdraw the petition for pressing before the Bench hearing application under Sec.482 Cr. P. C. or to convert the petition into a petition under Sec.482 Cr. P. C. After said order, the applicants converted the above petition into a petition under Sec.482 Cr. P. C.