ANAND Vs. STATE

JUDGEMENT

(1.) HEARD parties counsel.

(2.) APPLICANT Anand is being prosecuted for committing the offence under Section 302, I. P. C. P. S. Niwari District Ghaziabad.

(3.) IT is also not disputed that Smt. Prabha had lodged the F. I. R. in which co-accused Satish was named as the first accused, but in the site plan prepared by the Investigating Officer, the crime in question has been referrer1 to as State v. Anand. Reliance has been placed upon a decision of the Supreme Court in Bandi Mallaiah and others v. State of Andhra Pradesh, 1980 SCC (Cr) 672. The Supreme Court has observed in the above cited case as under: "in each one of these requisitions, the Sub-Inspector had mentioned that the several injured persons were beaten by Golla Gopaiah and others with sticks. Now, if there was already a first information report in existence in which Bandi Mallaiah (A-1) had been named as the first accused and as the person who led the attack, surely the assailants would have been mentioned in the requisition as Bandi Mallaiah and others and not Golla Gopaiah ond others. This circumstance throws doubt upon the case of the prosecution that the first information report Ex. P. 1 was given at 10. 00 p. m. "