MOOL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) In the revised call, none is present for the applicants. The applicants have prayed to quash the proceedings Special Sessions Trial No. 8 of 2003, Radhey Shyam Yadav Vs. Mool Singh and others pending before Special Judge, Dacoity Affected Area, Kanpur Dehat.

(2.) With the help of learned AGA, I have perused the record. From the pleadings made in the affidavit appended along with this 482 Cr.P.C. Application, it is revealed that an FIR under section 395 I.P.C. was lodged on 29.4.1998 as crime no. 88-A at P.S. Rasoolabad, District Kanpur Dehat against the applicants in which, charge sheet was submitted under sections 325/323/504 I.P.C. after due investigation and the trial of the aforesaid offences is pending before the competent court. According to the allegations levelled in the aforesaid FIR Radhey Shyam Yadav, informant was robbed off Rs. 15000/- on 1.4.1998 by the applicants. Informant was saved by Sita Ram, Arun Kumar, Mahendra Singh and others. Copy of the FIR is annexure no. 1 to the affidavit. Copy of the statements of Harish Chandra, Prabhu Dayal, Sri Ram Sirohi Singh, Ram Lakhan and Vijay Kumar Tripathi under section 161 Cr.P.C. has been cumulatively appended as annexure no. 2 and the copy of the charge sheet under sections 325/323/504 I.P.C. is annexure no. 3. During the trial of the concerned crime as case no. 9 of 1999, State Vs. Mool Singh and others, statement of Radhey Shyam Yadav, P.W. 1 was recorded by the trial Magistrate. Thereafter, informant moved an application on 19.4.2001 mentioning therein that offence under section 395 I.P.C. is disclosed and police has wrongly submitted charge sheet under trivial and mollified offence under sections 323/325/504 I.P.C. However, the said application of the informant was rejected vide annexure no. 4 on 13.7.2001. Subsequent thereto, informant Radhey Shyam Yadav filed complaint case no. 41/12 of 1998 against the applicants under section 395 I.P.C. before Special Judge (DAA), Kanpur Dehat on 21.2.2003 being S.T. NO. 8 of 2003 vide annexure no. 5 to the affidavit. Learned Special Judge (DAA) on the basis of complaint annexure no. 5 took cognizance of the offence on 24.7.2003 fixing 13.8.2003 for appearance. Copy of the order taking cognizance is annexure no. 6 to this affidavit. By the same annexure no. 6, accused persons were summoned fixing 13.8.2003 for their appearance. On 13.8.2003, applicants moved an application before Special Judge (DAA) with the prayer that the aforesaid complaint case be dismissed.

(3.) It is thereafter that the applicants have approached this Court for quashing of the prosecution of the aforesaid complaint case.