MOHD ZUBER Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri D.K. Srivastava, learned counsel for the applicants and learned A.G.A for the State.

(2.) This application has been filed for quashing the proceedings in Sessions Trial No. 607 of 2003, State Vs. Maulana Mumtaz and Ors. , under Sections 115, 120B, 121, 121A, 122, 123, 124 I.P.C. Police Station Bazaria, District Kanpur Nagar, pending in the court of Additional District Judge (First), Kanpur Nagar.

(3.) The submission on behalf of the applicants is that in the year 2001, the applicants along with few others were implicated in three cases and were tried in Sessions Trial No. 177 of 2002, under Sec. 25/27 Arms Act and 3/4/5 Explosive Act, Police Station Chamanganj, District Kanpur Nagar. The applicants were acquitted in the said sessions trial. A second case numbered as Sessions Trial NO. 811 of 2001, under Sec. 124 I.P.C. and 3/5 Explosive Act, Police Station Swaroopnagar, District Kanpur Nagar also ended in an acquittal from the court of 1st Additional District and Sessions Judge, Kanpur Nagar. A copy of the said judgment is annexed as Annexure-1 to the affidavit. The present case was also registered against the applicants and Ors. in the first information report dated 3.8.2001 at case crime No. 84 of 2001, under Sections 115, 120B, 121, 121A, 122, 123, 124 I.P.C. Police Station Bazaria, District Kanpur Nagar.