JAI RAM PATEL Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the applicants, learned A.G.A. and perused the record. This application under Section 482 Cr.P.C. has been filed to quash the orders dated 30.1.2013 and 26.7.2011 passed by Special Judge (SC/ST Act), Mirzapur in Case No.145 of 2009 'State Vs. Jai Ram Patel and others', under Sections 323, 504, 452, 302 I.P.C. and Section 3(2)5 SC/ST Act, P.S. Lalganj, District Mirzapur. Learned counsel for the applicants has submitted that against other accused persons a separate charge-sheet was filed in which after conclusion of trial, the accused persons have been acquitted. It has also been submitted that the charge-sheet against the applicants was filed subsequently and they had also moved the application under Section 227 Cr.P.C. for discharge of the accused persons which has been rejected by order dated 26.7.2011 and charges have been framed by order dated 30.1.2013. Learned A.G.A. has defended the impugned orders.

(2.) IN R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, Hon'ble Apex Court has summarized some categories of cases where inherent power can and should be exercised to quash the proceedings.

(3.) IN M/s Eicher Tractor Limited and others Vs. Harihar Singh and another 2009 (1) J.I.C. 245 (SC), Hon'ble Apex Court has held as under :-