SHARDA BUX SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an application under Section 482. Cr. P.C. for quashing the proceedings against the applicant in case No. 1890 of 1991 pending before the A.C.J.M., Jaunpur.

(2.) IN brief, the fact of the case is that one first information report was lodged at police-station Singramau, district Jaunpur alleging that some miscreants committed the dacoity in respect of two tractors. IN connection with that case applicant surrendered before the court on 19.4.1991, test identification parade was held on 27.6.1991 in respect of accused Sanju Singh but none could identify him. The applicant was on parole for his sister's marriage and was not present on that date. On 29.7.1991 a prayer was made by the INvestigating Officer that test identification parade would not be necessary as some of the witnesses named him in their statements under Section 161, Cr. P.C. Charge-sheet was submitted against this accused along with others under Section 395/397,I.P.C.

(3.) FROM annexures and from counter affidavit it appears that on 19.4.1991 three witnesses, namely, Achhe Lal Sarpanch, Onkar Nath Misra and Ram Ajor Misra all residents of the same police-station and of the same district Jaunpur have stated to the Investigating Officer that one Ved Prakash Tripathi, Naresh Tiwari and Rajput Singh of Fatehpur district came to Achhe Lal Sarpanch and confessed their guilt and disclosed the name of the applicant and others as associates in committing the dacoity in respect of the two tractors of the complainant. It is on the basis of this statement that the Investigating Officer submitted the charge sheet and did not like to place the applicant in test identification parade.