SATYA NARAIN Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. for quashing the order dated 19.3.86 passed by the Special Judge, Etawah, in Case No. 32 of 1986, arising out of Crime No. 162 of 1984, under Section 396 I.P.C. Police Station Civil Lines, Etawah.

(2.) THE facts in brief leading to the present case are: One Mahesh Kumar lodged a F.I.R. at Police Station Civil Lines, Etawah, on 6th September 1984, under Section 396/397 I.P.C. but during the pendency of the investigation one Har Narain died and as a consequence whereof, the charges were converted into one under Section 396 I.P.C. The present applicants are named in the first information report. During the investigation, names of following persons, namely - Nepal Singh, Sakatua, Daya Ram, Ashok, Shiv Charan Kailash, Mahesh, Tufan Singh, Gaya Prasad, Jagannath and Ramesh, came into light. Accused Ramesh was absconding in spite of the proceedings under Section 82/83 Cr.P.C. Remaining ten accused persons were put for identification, but the pro­secution witnesses knowingly did not recognise anybody as the complainant on account of enmity wanted to get them challenged. Therefore, the ten accused persons vide report dated 16.8.85 were recommended for discharge under Section 169 Cr.P.C. Accused Ramesh was not likely to be arrested and the complainant's witnesses would not likely to recognize him as they have already told and since about 15 months have elapsed, even other­wise there is no chance of success as such an evidence would be of no value. The investigation of F.I.R. was closed and prayed that it may be accepted. After receiving the final report under Section 169 Cr.P.C. The Judge called the complainant and heard him and after hearing him summoned the applicants to face trial under Section 396 I.P.C.

(3.) THE Etawah is the district covered by the U.P. Dacoity Affected Area Act, 1983 vide Notification No. 8111-P/VIII-3/81 dated November 10, 1981 and the case is triable by the Special Court. Accord­ingly the cognizance was taken by the Special Judge in the present case.