UDAI RAM Vs. STATE OF U P

JUDGEMENT

(1.) PALOK Basu, J. Udai Ram, Ram Bahal, Krishna Mohan and Girish have preferred this application under Section 482, Cr. P. C. praying that the order of the Magistrate dated 29-5-1984 summoning them under Sections 147, 148 149 and 302, I. P. C. as upheld in revisional order of VI Addl. Sessions Judge, Basti dated 9-8-1985 be quashed in exercise of powers of this Court under Section 482, Cr. P. C.

(2.) THE facts relate to the alleged murder of one Ramdas said to have been committed on 25-9-1975, Ram Lakhan alleging himself to be the informant complainant in the instant case alleged that relating to the said murder of Ramdas he had forwarded a report addressed to the Superintendent of Police Basti under registered cover as his report was not taken down at the police station since the Station Incharge was friendly with the accused. He further said that the applicants were the real accused having committed the murder of Ramdas on 25-9-1975 around 4 p. m. which incident was seen by various witnesses. He named himself Girdhari, Ram Udit and Bijli as eye-witnesses. This complaint was preferred on 11-7-1977 which was forwarded by the Magis trate to the police station for investigation under Section 200, Cr. P. C. THE police reported that the allegations contained therein were not correct or truthful and no case for proceedings against the accused was made out. Ram Lakhan objected to the acceptance of the said report (final report) and said that the police station has acted mala fide. At this, the Magistrate directed reinvestigation by the police which order was complied with and yet another Final Report came. THE Magistrate however, did not accept the Final Report and instead proceeded to examine Ram Lakhan under Section 200, Cr. P. C. and also examined Sita Ram, Gitdhari, Kamla Pandey, Ram Pandey, Harshdeo Ram and Onkarnath Shukla under Section 202, Cr. P. C. on the strength of the said statement of the witnesses he proceeded to pass the impugned order dated 25-9-1984. THE appellants' revision before the learned Sessions Judge having been dismissed by the VI Addl. Sessions Judge Basti in Criminal Revision No. 469 of 1984 by the impugned order dated 9-8-1985, the present application under Section 482, Cr. P. P. has been filed.

(3.) SRI Ravindra Rai, Advocate, counsel appearing for the opposite party complainant Ram Lakhan has refuted all the arguments noted above and has said that all those principles are not attracted as it is a simple case of a cross-version in a murder case being put forward in the Court of law by rival party and, therefore, the legal process should be allowed to be completed and no ultimately termination of the proceedings is called for.