AVINASH MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Nandit K. Srivastava, learned Senior Counsel assisted by Sri Prashant Shukla, learned counsel for the applicant and Sri Gyan Prakash, learned Senior Counsel assisted by Sri Sanjay Kumar Yadav, learned counsel for the C.B.I.

(2.) This present application has been filed with a prayer to quash the order dated 26.4.2006 passed by Special Chief Judicial Magistrate (CBI) Ghaziabad in Case No. 3140 of 2005, under Section 364 , 120B , 302 , 201 , 220 IPC, P.S. Medical, District, Meerut.

(3.) As per F.I.R., the prosecution version is that on 26.2.1994, at about 10:15 O' clock, informant- Krishnapal Singh was going to Shastri Nagar on scooter and when he reached near supply depot at about 10:30 O' clock where existed a speed breaker he slowed down his scooter then all of a sudden two men stopped him showing a country made pistol and snatched away his scooter and fled towards Commissioner Chauraha, right then police of P.S. Lal Kurti reached there and he (informant) told them that two miscreants had fled from there after having snatched his scooter and thereafter they gave a chase to the miscreants. The registration number of scooter of the informant was DL3SC0326. He had borrowed the said scooter from one of his friends and that he could recognize the miscreants. The case crime no. 64 of 1994, under Section 392 was registered against two unknown persons.