PULLOO @ SHIV PRATAP Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned AGA for the State as well as perused the record.

(2.) This application u/s 482 Cr.P.C. has been moved by the applicant Pullo @ Shiv Pratap with prayer to quash the entire proceedings of Criminal Case No.1048 of 2005 (State Vs. Pullo @ Shiv Pratap), under Sections 147, 148, 323, 504, 325, 308, 324 IPC, arising out of Case Crime No.99 of 2002, Police Station- Handia, District- Allahabad.

(3.) Brief facts relating to the case are that on 18.02.2002 First Information Report was lodged by the informant Vijayi as Case Crime No.99 of 2002 in Police Station- Handia, District- Allahabad against the accused Ram Raj son of Sri Nath, Indramani son of Gangaram Chauhan, Shiv Mangal son of Indramani, Pulloo son of Indramani, Indrajeet son of Gangaram, Dayaram son of Shrinath, Ram Shiromani son of Shankar, Ramdhani son of Indraraj and Ramsajivan son of Indraraj. It was alleged in the said FIR that all the named accused came at the door of the informant with weapons in their hands and assaulted the informant and his family members. After investigation charge sheet was filed by the I.O. on 02.8.2002 agaisnt Ramraj, Indramani, Dayaram, Ram Shiromani, Ramdhani and Ramsajivan, under Sections 147, 148, 149, 323, 324, 325, 504, 308 IPC. No charge sheet was submitted against the named accused Shiv Mangal because allegedly he was murdered in cross case of this offence. No charge sheet or any report was submitted against the named accused Pulloo son of Indramani and Indrajeet. After the case was committed to Sessions on 07.07.2003 by the Magistrate. It was registered as Sessions Trial No.775 of 2003 and later on transferred to Additional Sessions Judge, Court No.13, Allahabad. Charges were framed on 11.11.2003 against the accused Ramraj, Indramani, Dayaram, Ram Shiromani, Ramdhani and Ram Sajivan, under Sections 147, 148, 324/149, 308/149 IPC.