PRABHAKAR SHUKLA ALIAS DISCO Vs. STATE

JUDGEMENT

(1.) This writ petition has been filed with a prayer to quash the impugned summoning order dated 2.8.2005 (annexure 22 to the writ petition) passed by Chief Judicial Magistrate, Bhadohi in criminal misc. case no.4 of 2005 arising out of case crime no.671 of 2004, P.S. Gopiganj, District Sant Ravidas Nagar (Bhadohi) as well as order dated 11.11.2005 (annexure 24 to the writ petition) passed by Sessions Judge, Bhadohi at Gyanpur in criminal revision no. nil of 2005 (Prabhakar Shukla @ Disco v. State of U.P.).

(2.) The facts of the case are that respondent no.2 - Ram Surat Shukla lodged a F.I.R. against the petitioner under section 304 IPC at P.S. Gopiganj, District Sant Ravidas Nagar (Bhadohi) on 17.9.2004 at 00:10 a.m. stating therein that his son Girja Shanker Shukla had gone with the petitioner Prabhakar Shukla @ Disco on a motorcycle on 10.9.2004 (Friday) at 6:00 a.m. for Varanasi. On 11.9.2004 at about 11-12 p.m., a telephonic information was received that Girja Shanker Shukla had been assaulted. The complainant accompanied by others went to village Seekhapur, P.S. Gopiganj by a jeep and found his son there in an injured condition. The injured Girja Shanker Shukla was taken to Primary Health Centre, Gopiganj, from where, after first aid, he was referred to Varanasi. Girja Shanker Shukla was taken to Singh Medical & Research Centre, Maldhiya, Varanasi from where, on 12.9.2004 at 10:45 a.m., he was referred to B.H.U. Hospital, where Girja Shanker Shukla died on 14.9.2004 at about 5:00 p.m.

(3.) On the basis of a written report, F.I.R. was registered under section 304 IPC. After investigation, final report was submitted by the police. A notice was issued to the complainant who filed protest petition against the final report, which was registered as criminal misc. case no.4 of 2005. After hearing the complainant, the Chief Judicial Magistrate, Bhadohi, by impugned order dated 2.8.2005, rejected the final report. He found sufficient material in the case diary against the petitioner and, therefore, summoned the petitioner to face trial under section 302 IPC. The petitioner preferred a criminal revision against the summoning order passed by the Magistrate, which was dismissed by Sessions Judge, Bhadohi at Gyanpur at the time of admission itself vide judgment and order dated 11.11.2005. Both the aforesaid orders are under challenge in this writ petition.