MAHENDRA PAL SHARMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This application under Section 482, Cr. P. C. has been filed for quashing the entire proceedings of Criminal Case No. 1255 of 2002, Yogendra v. Mahendra and others under Ss. 323, 307, 452 and 504, I.P.C., P. S. Pahasu, district Bulandshahar pending in the Court of Additional Civil Judge (Junior Division), Khurja (Buland-shahar) and for setting aside the order dated 2-2-2002 passed by Additional Sessions Judge, Court No. 4, Bulandshahar in Criminal Revision No. 77 of 2001.

(2.) The facts giving rise to this application, briefly narrated, are that on 2-4-1998 Rakesh Kumar Sharma applicant No. 2 lodged a report against Yogendra opposite party No. 2 and three other persons under Sections 323, 504 and 427, I.P.C. with the allegations that on 1-4-1998 at about 6 p.m. while he was returning to his house from his duties and reached in front of house of Suresh Chandra, the accused of the said case namely Suresh Chandra, Pintoo and Yograj caused injuries on him with lathi Danda and also extended threats. During Marpit a sum of Rs. 6,000.00 which he was keeping in his pocket had fallen down and could not be traced. On the basis of above report a non-cognizable report under Sections 323, 504, 427, I.P.C. was written at P.S. Pahasu. Subsequently, the case was altered under Sections 308 and 325, I.P.C. and registered at crime No. 64 of 1998 on 28-4-1998 and was investigated. The police after investigation submitted charge-sheet against Suresh Chandra and Devraj on 13-5-1998 and latter on supplementary charge-sheet was submitted against Yogendra opposite party No. 2 and Pintoo on 14-6-1998.

(3.) On 2-4-1998 the opposite party No. 2 moved an application before the Superintendent of Police for registering as and against the applicants with the allegations that on 2-4-1998 when he was taking his food at his house at about 9 a.m., the applicants armed with knife, sariya and lathi came to his house and started abusing him and on his objection caused injuries on him with knife, sariya and lathi. The Superintendent of Police ordered registration of case on the above application. Accordingly, an F.I.R., was lodged and a case at crime No. 58 of 1998 under Sections 452, 307, 323, 504, I.P.C. was registered against the applicants on 13-4-1998. After investigation, the police submitted final report in the said case crime No. 58 of 1998.