AKSHAY PRATAP SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard the submissions of Sri H.G.S Parihar, Senior Advocate assisted by Smt. Meenakshi Singh Parihar and Abhiuday Pratap Singh Advocates, the learned counsel for the applicants in Application under Sec. 482 Nos. 2718 of 2023, Sri. P. K. Singh Bisen Advocate, the learned Counsel for the applicant in Applications under Sec. 482 No. 4038 of 2023 and 5595 of 2023 and Sri Rao Narendra Singh, the learned A.G.A-I for the State, Sri Ravi Shanker Singh, the learned counsel for the informant and Sri Ajmal Khan, the learned counsel for the intervener.

(2.) The application No. 2718 of 2023 has been filed by (1) Akshay Pratap Singh alias Gopalji, (2) Satyendra Singh, (3) Kailash Nath Ojha, (4) Lalji Nigam, (5) Hitesh Kumar alias Pankaj Singh, (6) Rohit Singh alias Rohit Kumar Singh, (7) Raghvendra Pratap Singh alias Mukur alias Raghvendra Singh, (8) Monu sinsh alias Ashutosh Singh, (9) Yogendra Singh, (10) Sarvesh Singh, (11) Prafulla Kumar Singh alias Dabbu Singh, (12) Zulfeqar Ahmad alias Zulfeqar Ahmad Siddiqui, (13) Shailendra Kumar, (14) VInod Kumar, (15) Raghuraj Pratap Singh alias Raja Bhaiya alias Kunwar Raghuraj Pratap Singh, (16) Ram Kumar alias Banti, (17) Hariom Shankar Srivastava alias Hariom Shankar, (18) Narendra Singh alias Nanhe Singh, (19) Sheetla Singh alias Sheetla Prasad Singh and (20) Dron Kumar Upadhyay alias Dron Upadhyay. Application No. 4038 of 2023 has been filed by the applicant Sudhakar Singh. Application No. 5595 of 2023 has been filed by the applicant Sanjay Pratap Singh alias Guddu Singh.

(3.) By means of the all the aforesaid three applications filed under Sec. 482 Cr.P.C. the applicants have challenged the validity of an order dtd. 17/3/2023 passed by the Special Judge MP/MLA/ Civil Judge (SD)/FTC-II, District Pratapgarh in Case No. 236 of 2011 (State v. Raghuraj Pratap Singh and Others) arising out of Case Crime No. 513 of 2010, under Ss. 395/397/307/364/323/325/504/506/ 427/34 of the Indian Penal Code (hereinafter referred to as 'IPC') and Sec. 7 of the Criminal Law Amendment Act, Police Station Kunda, District Pratapgarh, whereby the application under Sec. 321 Cr.P.C. for withdrawal of the prosecution against the applicants, has been rejected.