MUNNI LAL Vs. STATE OF U.P. OTHERS

JUDGEMENT

(1.) By means of this petition under Sec. 482 Cr. P.C. the petitioner seeks quashing of the order dated 11.11.1987 passed by learned Munsif Magistrate Hamirpur and the order dated 24.5.1994 passed by the learned Sessions Judge Hamirpur contained in Annexures III and IV to the petition.

(2.) The facts giving to the present application in brief are that a First Information Report was lodged at police station Rath district Hamirpur on 15.6.1982 at 1,30 P.M. by S.I. Amar Singh. It is alleged in the F.I.R. that a firing between police party and dacoit's took place and in that firing one dacoit Devi Deen lost his life. On the basis of the F.I.R. lodged by S.I. Amar Singh a case crime No. 111/82 and 112/82 was registered at the police station in G.D. under Sections 147, 148, 149 and 307 Indian Penal Code. It is stated that the dacoit Devi Deen was history sheeter and about four murder cases, two dacoity cases and 15 other criminal cases were pending against him.

(3.) Bhagirath son of Chhidiya resident of village Para police station Rath district Hamirpur brother of the deceased Devi Deen filed a complaint in the court of the Chief Judicial Magistrate Hamirpur against Ram Das constable Balram Dadi constable Indra Pal constable Awadh Naresh constable Ghurkai son of Ghasi Ram Lodhi Munni Lal son of Dhurkai and Shrashbhan son of Dhurkai all of whom are resident of village Para police station Rath district Hamirpur under Sections 147, 148, 149 and 302 Indian Penal Code and the complaint was dismissed for non-prosecution on 10.8.82.