PRADEEP KUMAR JAIN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Mr. Satyendra Narayan Singh, learned counsel for the applicant and Mr. Mayank Awasthi, learned counsel representing for the State as well as perused the entire material available on record.

(2.) The present 482 Cr.P.C. application has been filed to quash the order dtd. 4/10/2021 passed by learned Additional District and Sessions Judge, Court No.12, Muzaffar Nagar, in Session Trial No.592 of 2004 (State vs. Dharmpal), arising out of Case Crime No.24 of 2004, under Sec. 364 IPC, Police Station-Nai Mandi, District-Muzaffar Nagar whereby the application of the applicant under Sec. 311 Cr.P.C. for further examination of P.W.4/Smt. Rajeeri, has been rejected.

(3.) Brief facts of the case are that for the incident dtd. 24/1/2004 at about 07:00 pm, the F.I.R. was lodged on 25/1/2004 at about 06:30 p.m. stating therein that the applicant's son, namely, Sachin Jain aged about 20 years had gone with his Maruti Car bearing No.UP 12G 2333, but he did not return in the night and on the next day at about 11:00 a.m., the student leader Katar Singh informed that Sachin Jain was seen at about 09:00 p.m. on 24/1/2004 alongwith Raju s/o Vedpal, who had abducted him with the help of his friend. An application was moved on 26/1/2004 before the concerned S.O. furnishing the name of two eye witnesses, namely, Tasavvar Husain and Mam Chand Verma, who have seen the incident dtd. 24/1/2004 wherein the victim Sachin Jain was kidnapped by Rohit, Katar Singh, Dharmpal, Raju and Kapil. On the aforesaid application, the Investigating Officer recorded the statements of Mam Chand and Tasavvar, who have stated that they were eye witness of abduction of Sachin Jain by Dharmpal, Rohit, Kapil and Raju. During course of investigation, maruti car of Sachin Jain bearing No.UP 12G 2333 was recovered in the presence of two independent witnesses, namely, Babu Bangali and Sonu wherein the seat of Maruti Car was found blood stained. The aforesaid blood stained seat cover was sent to the Forensic Science Laboratory, U.P. for examination and its report has been submitted on 6/8/2004. From the said report dtd. 6/8/2004, it was found that the blood stained seat cover of the Maruti car was that of victim Sachin Jain, whose dead body was found in the canal. The aforesaid fact of throwing the dead body of victim Sachin Jain in the canal has been admitted by the accused persons. During investigation, the statements of co-accused Dharmpal was recorded, who has stated that the victim Sachin Jain was kidnapped by him alongwith other co-accused persons and subsequently, murdered, thereafter, his dead body was thrown in the canal. Stereo and two speakers of the said Maruti car was also recovered on pointing out of co-accused Dharmpal.