SHIVSWAROOP Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Daya Shanker Mishra, Sri Chandrakesh Mishra, learned Counsel for the applicant, learned A.G.A. for the State of U.P. This application has been moved on behalf of the applicant Ram Swaroop with a prayer to quash the charge-sheet No. 161-A of 2008 dated 2.11.2008 in Case Crime No. 157 of 2008 under sections 147, 148, 149, 323, 504, 506, 307, 302, 34 and 120B, I.P.C., Police Station Nagphani, District Moradabad and to quash the order dated 27.11.2008 by which the learned C.J.M. Moradabad has taken the cognizance in Criminal Case No. 10603/9 of 2008 and to quash all the proceedings arising out of the above mentioned charge-sheet dated 2.11.1008 against the applicant.

(2.) The facts, in brief, of this case are that FIR of case crime No. 157 of 2008 under sections 147, 148, 149, 323, 504, 506 and 307 I.P.C. has been lodged by Krishna Kumar O.P. No. 2 at Police Station Nagphani, District Moradabad on 30.4.2008 at 10.00 P.M. in respect of the incident allegedly occurred on 30.4.2008 at about 8.30 P.M. The FIR has been lodged against Pavitra Kumar Advocate, Satyavir Kumar, Milan Kumar, Anil Kumar alias Babloo, Pankaj alias Amit and Bobby alleging therein that one Amod, Uncle of the first informant, was admitted in Sai Hospital on 30.8.2008, the father of the first informant, namely, Raj Kumar, the first informant's mother Smt. Raj Kumari and his uncle Madan Pal Singh had gone to the hospital to see Amod, thereafter they were returning from the hospital, the mother and father of the first informant were on a Rickshaw, which was followed by another rickshaw in which the first informant his uncle Madan Pal were sitting, as soon as the rickshaw of father and mother of the first informant reached infront of the floor mill of Ram Autar where the accused Pavitra Kumar Advocate, Satyavir Kumar, Milan Kumar, Anil Kumar alias Babloo, Pankaj alias Amit and Bobby were already sitting where the arrival of father and mother of the first informant, they discharged the shots by their country made pistols at about 8.30 P.M., consequently the father and mother of the first informant fell down on the road, the first informant and his uncle Madan Pal Singh in a perturbed condition hide themselves in adjoining the lane of floor mill and the Rickshaw puller leaving the rickshaw fled away from the place of incident, the shops were closed, panic was created and due to fear the persons entered into their houses and nobody remained on the road. The hue and cry was made then the accused persons hurling the abuses, extending the threats and brandishing the country made pistol fled away towards Bungalow Gaon Chauraha. The first informant with the help of other persons brought his mother and father to Govt. Hospital, on way to hospital, the jeep of police station Nagphani reached there in which the first informant, his mother and father in injured condition were brought to Government Hospital from where the mother and father of the first informant shifted to Sai Hospital and thereafter the father of the first informant was referred to Delhi. At the time of lodging of the FIR, mother and father of the first informant were injured but they were surviving, subsequently the injured Raj Kumar, father of the first informant succumbed to his injuries, thereafter the offence under section 302 I.P.C. was also added.

(3.) In the present case, the first charge-sheet No. 161/08 dated 30.7.2008 has been submitted against accused Pavitra Kumar Advocate, Satyavir Kumar, Milan Kumar, Anil Kumar alias Babloo, Pankaj alias Amit and Bobby on which the learned Incharge C.J.M. Moradabad took the cognizance on 8.8.2008 but the investigation against the applicant was pending and the supplementary charge-sheet against applicant bearing charge-sheet No. 161-A of 2008 dated 2.11.2008 has been submitted on which the learned C.J.M. took the cognizance and summoned the applicant vide order dated 27.11.2008. Being aggrieved from the charge-sheet No. 161-A of 2008 dated 2.11.2008 and the order dated 27.11.2008 the present application has been filed with a prayer to quash the above mentioned charge-sheet and the order dated 27.11.2008.