VINAY KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Both - Criminal Miscellaneous Application No. 16591 of 2005 filed by Ajay Kumar and Criminal Miscellaneous Application No. 335 of 2006 filed by Vinay Kumar, Aditya Kumar, Lalla Babu, Radhey Lal Tiwary and Siya Ram, under Section 482 Cr.P.C., have the common prayer viz.-to quash the charge sheet submitted by C.B.C.I.D. being C.B. No. 609 of 2002 (Crime No. 158 of 2002), under Sections 147, 148, 149, 307, 302 I.P.C., P.S. Thathiya, district Kannauj, pending before C.J.M. Kannauj and for stay of further proceeding of the lower court in pursuance of the aforesaid charge sheet hence both the above Criminal Miscellaneous Applications were clubbed together and are being disposed off by this single common order which is to be taken to be an order passed in both the above applications.

(2.) The proceeding facts necessary for adjudication of both the above applications are briefly stated here. Neelesh Kumar son of Bhagwan Das resident of Rikkhapurwa, P.S. Thathiya, district Kannauj lodged a F.I.R. on 7.10.2002 at 2.45 P.M. at P.S. Thathiya, district Kannauj, under Sections 147, 148, 149, 307, 302 I.P.C. vide Crime No. 158 of 2002 with the allegations that the informant along with his father Bhagwan Das aged about 55 years, mother Smt. Lajjawati aged about 50 years, brother Awadesh Kumar, Rajesh Kumar, Sarvesh Kumar and cousin brother Bhagirath Kumar and Amit Kumar were sitting at the door of their aforesaid cousin brothers Bhagirath Kumar and Amit Kumar then, at 2.00 P.M. that day (7.l0.2002) the accused Vinay Kumar, Ajay Kumar, Aditya Kumar all sons of Lalla Babu @ Ram Gopal Awasthi, accompanied by their father Lalla Babu @ Ram Gopal, Radhey Lai Tiwari, and Siya Ram driver came to that place armed with rifle, gun and contrymade pistols and opened indiscriminate firing on the informant and his family members. Accused Ajay was armed with rifle. As a result of firing Bhagwan Das father of the informant sustained bullet injury and died on the spot, Smt. Lajjawati, mother of the informant also sustained bullet injuries. Carrying his injured mother to the police station the informant lodged the F.I.R. at the police station Thathiya which was registered as crime number and above offences mentioned. The mother of the informant also succumbed to the injury subsequently. The registration of FIR was followed by investigation by S.O. K.R. Bhartiya of P.S. Thathiya who conducted the investigation till 27.10.2002. How ever on 28.10.2002 the investigation was transferred by superintendent of Police Kanauj to Santosh Kumar, S.O. Police Station Tirwa as it transpires that the named accused persons were not arrested by that date by the then investigating officer K.R. Bhartiya. Subsequently, it transpires that the aforesaid investigation was re-transferred by the Government to CBCID vide fax No. 8723 B/5- pu-32002-11531 V/2002 dated 18.11.2005 sent by Joint Secretary Government of U.P. The investigation was transferred to C.B.C.I.D. at the behest of Smt. Ram Kishori wife of Lalla Babu accused on her application dated 19.10.2002 addressed to The Chief Minister, U.P. C.B.C.I.D. hence forth conducted the investigation and submitted a charge sheet in the court on 31.8.2005 vide charge sheet No. 16 of 2005 for offences under Sections 147, 148, 149, 302, 307 I.P.C. against the accused applicants Aditya Kumar, Vinay Kumar, Ajay Kumar, Siya Ram, Radhey Lai Tiwari and Lalla Babu @ Ram Gopal . Awashti. First of all accused Ajay Kumar (applicant in Criminal Miscellaneous Application No. 16591 of 2005) approached this Court under its inherent jurisdiction under Section 482 Cr.P.C. for quashing of the aforesaid charge sheet in which this Court on 14.11.2005 passed an interim order stopping coercive steps against the applicant while issuing notice to the opposite party No. 2 and granting time to him to file a counter affidavit. Armed with the aforesaid order other accused persons Vinay Kumar, Aditya Kumar, Lalla Babu @ Ram Gopal Awasthi, Radhey Lai Tiwari and Siya Ram also filed Criminal Miscellaneous Application No. 335 of 2006, but no interim order was passed in their favour, How ever both the above applications were ordered to be connected on 23.1.2006 by me and both the applications are being disposed off by this common order.

(3.) I have heard Sri Dharmendra Singhal, learned Counsel for the applicants in both the cases and leaned A.G.A. in opposition at a great length and have gone through the record of both the applications.