SUGGI Vs. CIVIL JUDGE JUNIOR DIVISION FATEHPUR

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution of India has been filed for issuance of a writ of certiorari quashing the orders dated 9-11-2000 and 7-9-2001 passed by respondent No. 1 and the order dated 9-7-2002 passed by respondent No.2.

(2.) Respondent No. 3, Kunj Bihari lodged a report on 7-1-1999 at 10.45 a.m. at P.S. Khakhreroo, district Fatehpur alleging that his cane crusher was installed in his field in Koria Har, His brother Avadh Bihari Singh had gone on the said crusher for crushing sugarcane in the evening of 6-1-1999. On 6-1-1999 at about 10.00 pm. the complainant was going to the above crusher along with Ramesh Singh, Gulab Singh and Niranjan Singh. When he reached near the crusher he heard cries of his brother Avadh Bihar Singh "Khagendra Sahoo was killing." Hearing the above cries the complainant and the persons with him rushed towards the spot flashing their torches. The complainant also heard sound of fire and on reaching the spot he saw. Khagendra Sahoo armed with country made pistol and his three associates were running towards west after killing his brother. On the above report a case at crime No. 2 of 1999 under Sections 302 and 506, IPC was registered at the police station. After investigation the police submitted final report in the case on the ground that accused Khagendra Sahoo was kidnapped and murdered on 8-1-1999 and a case at crime No. 3 of 1999, under Section 364, 324, 506, 302 and 201, IPC was registered against respondent No. 3. That since the main accused was murdered and the remaining unknown accused could not be traced, nor there was any possibility of their being traced out, the investigation was closed by submission of final report.

(3.) On receipt of the above final report notices were issued to the complainant, respondent No. 3 who filed protest petition on 3-9-1999. It further appears that the complainant also examined himself as P.W. 1, Niranjan Singh, P.W. 2, Ramesh Singh, P.W.3. Ranjeet Singh, P.W. 4. Lal Singh, P.W.6 as witnesses of fact, besides Dr. S.S. Kulkarni, P.W. 5 and Constable Laik Ahamad. P.W. 7. In their evidence the complainant and other witnesses of fact stated that Suggi, Teetoo and Dalbhanjan Singh petitioners 1, 2 and 3 were also involved in the offence. Considering the above evidence the learned Magistrate was of the view that a prima facie case under Sections 302 and 506, IPC was made out against the petitioners. Accordingly, he rejected the final report and summoned the petitioners for trial under Sections 302 and 506, IPC, vide order dated 9-11-2000.