PHOOL CHANDRA TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr. Jagdish Singh Sengar for the Petitioners, Dr. C.P. Upadlhyaya for the Respondent No. 2 and the learned AGA for the Respondent No. 1 and perused the record.

(2.) This is a petition under Section 482 Code of Criminal Procedure for quashing the summoning order dated 24.12.2008 as well as the proceedings of the complaint case No. 7475 of 2004 Sanjay Tiwari v. Phool Chandra Tiwari and Ors., pending in the Court of Chief Judicial Magistrate, Jaunpur, under Sections 302 and 201 Indian Penal Code,

(3.) According to the complaint, the Respondent No. 2 and the Petitioners are on inimical terms due to litigations, which were going on between them from before the occurrence. It is also alleged that in the night of 10.8.2003 the deceased Baijnath had taken a sleep outside his house. On 11.8.2003, at about 5.30 a.m., his dead body was found hanging on a mango tree situating in front of the house of the deceased. An information to this incident was given to the police, on which basis the police made an inquest report and sent the dead body for post-mortem examination. It is also stated in the-complaint that the deceased was killed in the night of 10th and 11th August 2003 but the culprits, in order to give a colour of suicide, hanged the dead body on the mango tree. There is no other allegation in the complaint, it is not mentioned in the complaint that Petitioners killed the deceased or anybody else had seen them killing the deceased or the deceased and the Petitioners were lastly seen together. The presence of the main witness Ambika Prasad Dubey has also not been shown in the complaint nor it is disclosed that he had given any information about his presence or about the incident. The presence of other witnesses has also not been disclosed in the complaint.