MAROOF RANA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Kameshwar Singh, learned counsel for the applicant, learned A.G.A.for the State of U.P. and Sri Satya Prakash Srivastava, holding the brief of Sri Kamal Kishor Mishra for O.P.Nos. 2 and 3.

(2.) This application has been moved by the applicant Maroof Rana invoking the section 482 Cr.P.C.with a prayer to quash the order dated 14.5.2012 passed by learned Additional Sessions Judge/Special Judge ( S.C./S.T. Act), Meerut in S.T.No. 1206 of 2007 whereby the application moved by the applicant for not producing P.W.2 Maroof Rana and P.W.3 Mohd. Riyazul because there was no need to recall them in respect of the added charge under section 147 I.P.C., has been rejected.

(3.) The facts, in brief , of this case are that the FIR in Case Crime No. 2273 of 2006 under sections 148, 149, 302, 323, 307, 427 I.P.C.has been lodged by the applicant at Police Station Kotwali Nagar, District Muzaffar Nagar in respect of the incident allegedly occurred on 28.10.2006 from 3.30 P.M. to 3.40 P.M. in which deceased Muzaffar Rana has been killed, the applicant and Riyazul Hasan ( Mohd. Riyazul) sustained injuries, after completing the investigation the charge sheet has been submitted against Kadir Rana, O.P.No.2, Noor Salim O.P.No. 3, Mohd. Gauri and Pappu. In the said incident two unknown miscreants also participated in commission of the alleged offence. The learned Magistrate concerned took the cognizance on the charge sheet submitted by the I.O., thereafter the case was committed to the court of session. The trial court framed the charge under sections 148, 302/149, 307/149, 323/149, 427/149 I.P.C.against the accused Kadir Rana O.P.No.2 and Noor Salim O.P.No.3 and the charge under section 147, 302/149, 323/149 and 427/149 has been framed against the accused Mohd. Gauri and pappu, thereafter P.W.1 Constable Subodh Kumar, P.W.2 Maroof Rana ( injured/complainant), P.W.3 Mohd. Riazul ( injured), P.W.4 Dr.Mukesh, P.W.5 Constable Baljore, P.W.6 Dr. Ajay Kumar, P.W.7 Dr. Karan Singh have been examined, the examination in chief of P.W.8 SSI Deepak Malik was recorded but his cross examination was deferred, thereafter an application dated 8.8.2011 has been moved by Sri Mamnoon, the brother of the first informant Maroof Rana, P.W.2 with a prayer that charge under section 147 I.P.C.may also be added against O.P.No.2 Kadir Rana, O.P.No.3 Noor Salim, it was not objected by the counsel for the defence with a condition the right to cross examine to the witnesses already examined, be provided. The trial court allowed the above application No. 419 Kha by adding additional charge of section 147 I.P.C.against O.P.No. 2 and O.P.No.3 also, immediately thereafter an application for re-cross examination of P.W.2 Maroof and P.W.3 Riyazul was moved on behalf of O.P.Nos. 2 and 3, the same was allowed and P.W.2 and P.W.3 were recalled for re-cross examination for added charge under section 147 I.P.C. The applicant move an application dated 15.2.21012 in the court of leraned Additional Sessions Judge/Special Judge (S.C./S.T.Act) Meerut with a prayer that P.W.2 Maroof Rana and P.W.3 Mohd. Riazul may be discharged from giving their evidence as the complainant does not want to furnish any additional evidence in support of section 147 I.P.C.as it is already covered under section 148 I.P.C., no extra evidence is needed for it in which it has been further prayed that P.W.8 SSI Deepak Malik may kindly be called for his remaining cross examination so that the case may be concluded expeditiously. The above mentioned application dated 15.2.2012 has been moved on the following grounds :