DEEP NARAIN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Viresh Mishra, Senior Advocate, assisted by Sri Ishwar Chandra Tyagi, counsel for the applicant, Sri G.S. Chaturvedi, Senior Advocate, assisted by Sri Vaibhav Kalia and Sri Rameshwar Prasad, counsel for the opposite party no. 2 and learned A.G.A. for the State.

(2.) The present application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 19.8.2014 passed by the Special Judge, SC/ST ACt, Mainipuri in Sessions Trial No. 245 of 2006, State Vs. Deep Narain and others, under Sections 302/34 I.P.C. Police Station Karhal, District Mainpuri arising out of Case Crime No. 92 of 2004 by which order the learned trial court dismissed the applications 84-B and 89-B moved by the defence with prayer to summon the case diary of Crime No. 90 of 2004 under Sections 307, 504 I.P.C. Police Station Karhal, Mainpuri and with the prayer to give an opportunity to the applicant to adduce defence and to summon certain documents.

(3.) Brief facts are that an F.I.R. was lodged against the applicant on 18.5.2004 on the allegation that on 18.5.2004 at about 5 a.m., the brother of the complainant Narain Das Dubey and wife of his brother Krishna Dubey were coming back after morning walk followed by the complainant, when they reached near the Sughar Singh Smriti Dwar, four miscreants came on motorcycle armed with weapons, they fired at the brother and bhabhi of the complainant due to which the brother of the complainant and his bhabhi died on spot. The complainant and Rajesh raised hue and cry. On this all the four miscreants including Deep Narain son of Ram Das Chaturvedi, resident of village Latohi, presently residing at Karhal fled away on the motorcycle. Deep Narain was recognized by the complainant and remaining miscreants may be recognized if they come before the complainant. Deep Narain was having inimical terms with the brother of the complainant due to politics. The report was lodged on the same day.