VIKAS SAXENA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The instant petition under Section 482 of Cr.P.C. has been filed with the following prayers:

(2.) Learned Counsel for the petitioner has submitted that on the information flashed on the wireless by Sri J. Ravindra Gaur, the then Additional Superintendent of Police, Bareilly, the petitioner and sub-Inspector Sri Mula Singh along with other police officials reached at Ruqumpur Railway Crossing and asked the gate man Budh Sen to close the railway gate. After some time, one Tata Sumo reached the Railway Crossing and seeing the petitioner and other police officials opened fire. Sri Ravindra Gaur, Additional Superintendent of Police warned the persons to stop firing but they continued with the firing and therefore, the Additional Superintendent of Police directed the gunner Gauri Shanker Vishwakarma for firing in self defence and in retaliatory firing by the applicant, one miscreant Muku Gupta had died by the bullet of Gauri Shanker Vishwakarama the gunner and another miscreant Pankaj Mishra alias Karan was injured. Other miscreants had run away and the driver of Tata Sumo surrendered before the police.

(3.) Learned Counsel for the petitioner has further submitted that thereafter an FIR in Case Crime No.545 of 2007, under Sections 307 IPC at Police Station Fatehganj, District Bareilly was registered. Another FIR in Case Crime No.546 of 2007, under Section 25 Arms Act was registered against Pankaj Mishra @ Pankaj Karan, Mukul Gupta and others unknown persons. After investigation, a charge-sheet in Case Crime No.545 of 2007 was submitted against Pankaj Mishra @ Pankaj Karan under Section 307 IPC whereas in Case Crime No.546 of 2007 final report was submitted by the police on account of death of Mukul Gupta. In trial, the accused Pankaj Mishra @ Pankaj Karan was convicted and sentence.