RADHEY Vs. STATE OF U P

JUDGEMENT

(1.) THESE petitions under Section 482 of the Code of Criminal Procedure have been filed for quashing of the order dated 10.01.2013 passed by Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Kheri in Criminal Case No. 647 of 2012 [State Vs. Radhey and others] and the order dated 05.09.2012 passed by the Additional Sessions Judge, Lakhimpur Kheri, arising out of Case Crime No. 134 of 1989 under Sections 147, 148, 149, 307 I.P.C. relating to Police Station Mitauli, District Kheri as well as proceedings of Criminal Case No. 1511 of 2010 [State Vs. Radhey and another] arising out of case Crime No. 134 of 1989, under Sections 147, 148, 149, 307, 504, 506 I.P.C., pending in the Court of learned Additional Judicial Magistrate, Lakhimpur Kheri.

(2.) SHORN of unnecessary details, it appears that the complainant of the present case, namely, Nihal, lodged a first information report against the present petitioner (Radhey) and other co -accused persons, namely, Nand Lal, Sri Krishana, Rameshwar and Parbhu, vide case Crime No. 134 of 1989, under Sections 147, 148, 149, 307 I.P.C. relating to Police Station Mitauli, District Kheri. The investigation was conducted and subsequently charge -sheet was filed on 25.09.1989 against co -accused Nand Lal, Sri Krishana and Rameshwar. Thereafter on 01.12.1989 charge -sheet against the present petitioner (Radhey) and co -accused Parbhu (now dead), was also filed.

(3.) IT also appears that the complainant of the case in question namely, Nihal and co -accused Parbhu had already died. It also appears that subsequently a supplementary charge -sheet was also filed on 25.09.1989 against Radhey and Parbhu. On the basis of committal proceedings the charges were framed under Sections 148, 307, 147 and 307 read with Section 149 I.P.C. against the accused persons. The case ended in acquittal.