SATISH KUMAR SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) K. C. Bhargava, J. This is a petition under Section 482, Cr. P. C. by Satish Kumar Sharma for quashing the proceedings in Case Crime No. 182-A of 1989-State v. Satish Kumar Sharma, pending in the Court of the Chief Judicial Magistrate, Sultanpur under Sections 147, 148, 149, 307, 302 and 504 read with Section 120-B, I. P. C. Police Station Munshiganj, District Sultan pur.

(2.) THE facts of the case stated, in brief, are that the petitioner is a member of Rajya Sabha and belongs to the Indian National Congress. He was actively campaigning in the Amethi Parliamentary Constituency, Sultan pur in favour of late Rajiv Gandhi former Prime Minister of India. who was a Congress (I) candidate during Parliamentary Elections, In this connection the petitioner frequently visited the Parliamentary Constituency to look after the development and other work for the last several years before the Elections. Shri Sanjay Singh had also been a Congress (I) M. L. A. from Amethi Legislative Assembly since 1980. Shri Sanjay Singh used to accom pany the petitioner whenever they used to go to Amethi alongwith his shadows. Some time in 1987 Shri Sanjay Singh left Congress (I) and joined Janta Dal. In 1988 Shri Sanjay Singh was arrested by Central Bureau of Investigation on the charge of alleged conspiracy and murder of Sayed Modi, Badminton Player, alongwith others including Smt. Amita Modi, wife of the deceased. At that time Shri Sanjay Singh gave statement that he has been falsely implicated in the case at the instance of the petitioner. That case is still pending. Shri Sanjay Singh was defeated in the last Assembly Election from Amethi Constituency by the Congress (I) candidate. Late Shri Rajiv Gandhi won the Parliamentary seat from Amethi.