MUNESHWAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) B. B. Agarwal, J. Heard Sri M. L. Syal, Advocate from the side of the petitioner and Sri Munish Kumar Singh from the side of the State.

(2.) THIS petition has been moved under Section 482 Cr. P. C. for quashing of the proceedings of Case No. 2815 of 1998, arising out of Criminal Case No. 1/93 under Sections 302, 307 I. P. C. , P. S. Manjhila, District Hardoi, State v. Muneshwar Singh.

(3.) I have gone through the aforesaid case, the facts are similar to the facts of the aforesaid case. It appears that the two accused Aasaram and Balbeer have already been acquitted by the competent Court after full trial. The witnesses Sunder Lal and Ashok have denied to see the incident and even complainant has also denied to have identified any accused on the spot. He has also moved an application alleging that he does not want to proceed against Muneshwar. Under the circumstances, it appears that even if the witnesses are allowed to be produced in the case against Muneshwar, the result will the same and there is no probability for conviction of accused Muneshwar in this case. It would be otherwise wastage of time of the Court, to proceed against Muneshwar and it is advisable to quash the proceedings at the stage of Section 227 Cr. P. C.