MEDNI BHOOSHAN Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. The two brothers Medni Bhushan and Anil Kumar both sons of Bhagwant Prasad, resident of 9 Kasturba Ghandhi Marg, Katchehari Road, Police Station Colonelganj, District Allahabad have preferred this application under Section 482 Cr. P. C. with the prayer to quash the proceeding of criminal case No. 1263 of 1991, State v. Medni Bhushan and Anr. , under Sections 504, 427 I. P. C. , Police Station Colonelganj, District Allahabad pending in the Court of A. C. J. M. , Room No. 2, Allahabad. The further prayer is for stay of the aforesaid criminal case during the pendency of this application in this Court.

(2.) THE facts of the case are that a First Information Report was lodged against the applicants alongwith their father at police station Colonelganj, Allahabad on 30-11-1991 at 9. 30 p. m. , under Sections 506, 427 I. P. C. by informant Dinesh Chand son of Gopal Chand resident of 10 Old Katra, Colonelganj previously resident of 9 Kasturba Ghandhi Marg, Katchehari Road, Police Station Colonelganj, District Allahabad. It was alleged that the complainant was resident of 9 Kasturba Ghandhi Marg Katchehari Road, Police Station Colonelganj, District Allahabad where he owned a godowns and at the relevant time of the incident he was residing in house No. 10 Purana Katra, Allahabad. On 26-11-1991 at 8. 00 a. m. Bhagwant Prasad, father of the present applicants armed with his licensee revolver, accompanied by his sons and other anti-social elements armed with rifle started demolishing the boundary wall of the aforesaid premises at 9 Kasturba Ghandhi Marg, Katchehari Road, Police Station Colonelganj, District Allahabad. THE servant of the complainant Younus, who was residing in the said premises, tried to stop them but the present applicants threatened to shoot him dead. Harun son of Yakoob, Mobin son of Idreesh had witnessed the incident. Regarding the said premises civil litigation was going on between Bhagwant Prasad and Meena Gupta in the Court. THE police after the regular investigation submitted a charge- sheet on 25-8-1992 under Sections 504 and 427 I. P. C. in the Court against the two applicants only and found the implication of Bhagwant Prasad, the father, to be false. Charge-sheet resulted into registration of case No. 1263 of 1991 in the Court on 7-1-1993. THE accused were summoned on 5- 1- 1994 by the learned Magistrate and 30-5-1994 was the date fixed in the case. THE accused appeared in the Court on that date. Since then, the case is going on and has not been concluded as yet. Consequently, the present application under Section 482 Cr. P. C. invoking inherent power of this Court has been filed to quash the above noted proceeding being as case No. 1263 of 1991 pending before A. C. J. M. Room No. 2, Allahabad as State v. Medni Bhushan and Anr. .

(3.) LEARNED A. G. A. on the other hand contended that the prosecution cannot be quashed and must go on.