MUKEEM ULLAH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These Criminal Misc. Writ Petitions under Article 226 of the Constitution of India have been filed by the petitioners Mukeem Ullah, Mabood Alam, Asgar All & Bahaluddin and Raju Kachhwah & Munna Kachhwah praying ,10 quash the F.I.R. of Case Crime No.118 A of 2005, under Sections 147,148,149,336,307 and 302 I.P.C., P.S. Mau Aima, District Allahabad and Case Crime No.C-35 of 2005, under Sections 147,148, 149, 302,308, 203 I.P.C. and under Section 3(2) V SC/ST Act, P.S. Malwan, District Fatehpur and stay the arrest of the petitioners.

(2.) Affidavit and supplementary affidavit on behalf of the petitioners and counter affidavit on behalf of the opposite parties have been filed in Criminal Misc. Writ Petition No.9225 of 2005.

(3.) Brief facts of Criminal Misc. Writ Petition No.9225 of 2005 are that one Ram Kumar s/o Baijnath Patel, resident of village Chhitemau, P.S. Mau Aima, District Allahabad submitted a written report at the concerned police station on 23-8-2005 at about 11.30 A.M. wherein it has been alleged that on 23-8-2005 Gram Panchayat Election was going on in which four candidates of his village were contesting the said election. At the time of casting votes at about 10A.M., some altercation took place between both the parties and pieces of bricks and stones were being thrown from both sides, at the same time accused Mustkeem Ullaha, Raju, Bhullar Pasi, Naresh Chamar, Jagdish Chamar, Ram Adhar, Irshad, Salauddin, Kaiyum, Devprakash started abusing and throwing the pieces of bricks and stones, and anyone of them opened fires which hit upon the person of Shobhalal Patel, Kallu Patel, Shaymlal Patel, Lai Chandra Patel and Raju Patel. Therefore, the complainant lodged the F.I.R. on 23-8-2005 at about 11.30 A.M. On 26-8-2005 at about 11.15 A.M. the second F.I.R. was lodged which has been registered as case Crime No. 118A of 2005 against Mustkeem Ullaha, Mukim Ullah, Mabood Alam, Asgar Ali and Bahaluddin regarding the same incident by Kamlesh Patel (injured witness) wherein it was alleged that the complainant along with his family members were going to election booth for casting their votes. The same time the accused persons Mustkeem, Mukim Ullah, Mabood Alam (Inspector),. Asgar Ali and Bahaluddin met them and they have restrained them for casting he vote upon which some altercation took place between them. Thereafter, they were beaten by the accused persons with lathis, dandas and bricks and accused Mustkeem, Mukim Ullah, Mabood Alam(Inspector), Asgar Ali and Bahaluddin opened fires with their countrymade pistols with intent to kill the complainant and his companion. Consequently, the fires hit upon Shobha Lal Patel, , Kallu Patel, Shaymlal Patel, Lal Chandra Patel and Raju Patel. The complainant had proceeded to the police station Mau Aima along with all the injured. After seeing serious condition of the injured they were sent to the hospital after giving majrubi chitthi where they were medically examined. During the course of treatment Shaymlal Patel(injured) has expired on 25-8-2005 due, to sustaining injuries. Inquest report and other papers were prepared by the Investigating Officers regarding death of the deceased and same was sent for post mortem in sealed bundle where the post mortem was conducted by the Doctor.