LAWS(ALL)-2000-9-93

KM MEENAKSHI AGRAWAL Vs. STATE OF UTTAR PRADESH

Decided On September 13, 2000
KM.MEENAKSHI AGRAWAL Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Common questions of law and facts are involved in above writ petitions and therefore, all the above writ petitions are taken up together for disposal for which the learned counsel for the parties have no objection.

(2.) Brief facts of the case giving rise to above writ petitions are as below :-Late Karmendra Narain Agrawal husband of Smt. Shashi Agarwal and father of Km. Meenakshi Agarwal and Manoj Narain Agarwal owned some property known as Prag Agricultural Farm, Gokul Nagar, P. S. Kichha, District Udham Singh Nagar. D. S. Sirohi, R. K. Yadav, Hanspal and Munna Lal were employees of late Karmendra Narain Agarwal, who managed the property owned by him Km. Meenakshi Agarwal also owned a theatre known as Meenakshi Theatre, Ram Ghat Road, Aligarh. On the death of Karmendra Narain Agarwal some dispute regarding property of the said Firm arose between widow on one side and son and daughter on the other side. Civil and revenue litigations were also going on between the parties including testamentary suits, which are pending in various Courts.

(3.) On 4-11-1999 at about 9.30 p.m., R. K. Yadav along with 40 more persons allegedly raided the house of Km. Meenakshi Agarwal. Quarrel took place and it is alleged that R. K. Yadav sustained injuries in it. Km. Meenakshi Agarwal lodged report of the said occurrence on said date at 10.30 p.m. at P. S. Kichha, district Udham Singh Nagar, which was registered at case crime No. 960 of 1999 under Sections 147, 148, 140, 452, 323, 427, 506, 307 and 326, I.P.C. Manoj Narain Agarwal also lodged report of the said occurrence on 5-11-1999 at 2.10 p.m. at P. S. Kichha against six persons including Meenakshi Agarwal, D. S. Sirohi, R. K. Yadav, Hanspal and Munna Lal at P. S. Kichha, on the basis of which a cross case at crime No. 960-A of 1999 under Sections 147, 148, 149, 307, 504 and 506, I.P.C. was registered. Both the cases were being investigated by the local police and the police submitted charge-sheet in case crime No. 960 of 1999 against 41 persons. However, the police submitted final report on 29-11-1999 in cross case crime No. 960-A of 1999, which was sent to Senior ProsecutingOfficer for scrutiny.