JIYALAL Vs. STATE OF U P

JUDGEMENT

(1.) O. E. Jain, J. This is an application under Section 482, Cr. P. C for quashing the order passed by 1st Additional Sessions Judge, Azamgarh on 2-11-1991 in S. T No. 265 of 1990.

(2.) THE brief fact a leading to this application is that on 30-8-1987 an incident took place in which four persons namely Khellan, Ghampu, Murat and Mahendra were mur dered. THE First Information Report Annexure 1 was lodged by present applicant Jiya Lal on 2-9-1987 at Police Station Bardah, District Azamgarh. In this FIR some persons were named as the accused and it was alleged that Subai Ram, who was one of the accused was armed with a gun which he fired at the deceased persons and they died as a result thereof. Accused Subai Ram respondent No. 3 is serving in the Indian Army. It appears from order- sheet, dated 14-12-1990 (Annexure '2') in the court of the commit ting Magistrate Subai Ram was produced in military custody and he was committed to the Court of Sessions without taking him into judicial custody. It appears from Annexure '2' order-sheet of the committing court that no objection was raised by any one that Subai Ram should be taken into judicial custody.

(3.) NOTICES were issued to respondent No. 3 Subai Ram and the service has been found to be sufficient vide order of this Court, dated 26-3-1993. No one has appeared on behalf of Subai Ram. The learned Counsel for the applicant and the learned A. G. A for the State of U. P have been heard.