NAUSHAD ALI SIDDIQUI Vs. STATE OF U P

JUDGEMENT

(1.) The three siblings- Naushad Ali Siddiqui, Hazi Arif, Hazi Oshaf Ali, all sons of Ummed Ali along with Shahroz, Mohan Don @ Sri Rashid, Shabbir and Jainul are malefactors in the murder case of Nazim @ Kallo resident of Imambada Gali PS Rasoolpur, District Firozabad. The have approached this Court, invoking it's inherent jurisdiction under Section 482 Cr.P.C., with the primary prayer to quash the charge sheet, cognizance order and summoning order dated 21.1.2006 (Annexure 7 and 8) passed by Chief Judicial Magistrate Firozabad, in case No. 167 of 2006 State of UP v. Naushad and Ors. under Sections 147/148/149/302/307 IPC relating to the murder of Nazim @ Kallo. The said case is pending before ACJM (I) Forozabad as case number 311 of 2005. The ancillary prayer is for stay of further proceeding of the aforesaid case pendent lite.

(2.) The facts of the case paragraphed are that Smt Saira Begum (informant) accompanied by her husband Nazim @ Kallo (deceased), Mushir, her sister Farida and daughter Gungun had gone for shopping to Agra from Firozabad on their motor cycle for the marriage of Rafat Begum, her sister-in-law (Nanad). While returning when they reached near Usani Chauraha, Raja Ka tal by pass road at 6 PM, a safari car overtook their motor cycle and stopped them. Motivated with the idea to settle the scores of old enemity, the present applicants, Naushad Ali Siddiqui, Hazi Arif, Hazi Ausad Ali, Shahroz, Mohan Don @ Rashid, Shabbir, Jainul armed with pistol and country made pistols, alighted from Safari car and on the instigation of Naushad Ali Siddiqui, all of them opened fire towards the informant, her husband and daughter hitting and injuring them as a result of which all of them fell down. On alarm being raised by the informant, her brother and sister nearby people and passers by collected there. The assailants made their escaped good towards district Firozabad, in the Safari car. The husband of the informant Nazim Ali @ Kallo lost his life on the spot. Saira Begum informant, got the FIR, annexure No. 1, scribed through Mohd. Sazid and lodged it at the police station Tundla district Firozabad as crime number 311 of 2005 under Sections 147/148/149/302/307 IPC on that day at 8.15 PM covering a distance of 12 kms. The police of PS Tundla started the investigation. Interregnum investigation, Hazi Ausaf Ali, accused filed an application to Th. Gauri Shankar Singh, National Secretary, Lok Dal, New Delhi and on the basis of the said letter, Th. Gauri Shankar Singh, aforesaid wrote a letter to Director General of Police, UP on 29.12.2005. On the basis of the aforesaid letter by Th. Gauri Shankar Singh, DIG Head Quarters, attached with office of Director General Of Police, Uttar Pradesh wrote a letter on 30.12.2005 to DIG, Agra range, Agra that according to the letter by Th. Gauri Shankar Singh, annexed with letter of accused Ausaf Ali, some innocent persons are being roped in the said crime number due to political pressure and therefore the case to be got investigated through an independent agency from another police station or from the police of another district vide Annexure No. 4. Meanwhile it seems that under the orders from DIG Agra dated 30.12.2005, the investigation was transferred to S.I.S on 4.1.2006 by Superintendent of Police, Firozabad and Sub Inspector Indresh Kumar Bhadauria was directed to conduct the investigation and expedite the same vide annexure No. 2 to the affidavit filed in support of this application DIG Agra range, Agra subsequently however, cancelled his first order and retransferred the investigation to District Mainpuri and ordered Senior Superintendent of Police Mainpuri to get the record of investigation from District Firozabad and get the investigation concluded with in fifteen days vide order dated 17.1.2006 (Annexure No. 4). In pursuance of the said order by DIG, Agra Superintendent of police Mainpuri, on 19.1.2006 transferred the investigation to B.C. Verma, Station Officer Police Station, Dannahar and directed him to collect all the papers and start the investigation forthwith and submit a report within a week vide annexure no, 5 to the affidavit. However, on the same day 19,1.2006, SI Indresh Kumar Bhadauria, of S.I.S. who was conducting the investigation, concluded it and finding a prima offence committed by the accused filed a charge sheet against them in court vide annexure No. 6 to the affidavit. On the basis of charge sheet submitted by S.I. Indresh Kumar Bhadauria, CJM, Firozabad took cognizance of offence on 21.1.2006, Annexure No. 9 is the copy of an undated application filed by two accused Hazi Ausaf Ali and Hazi Arif All addressed to Director General of Police U.P. for fresh investigation and they challenged the charge sheet. A perusal of order sheet, annexure No. 7 of the case indicates that CJM took cognizance on 19.1.2006 on the charge sheet and the same was sent to the copying section and NBW was issued against Arif Ausaf, accused as he was absconding and had not surrendered. 21.2.2006 was the date fixed in the case.

(3.) Though a supplementary affidavit the certified copy of the complete order sheet and the copy of application for discharge filed by the accused and the copy of the order passed rejecting the said application for discharge on 4.3.2006, has been filed. The certified copy indicates that the two applicants Hazi Ausaf Ali and Hazi Arif Ali filed an application for discharge on 17.2.2006 which was pending on the day (1.3.2006) when this application under Section 482 Cr.P.C. was filed in this Court. However the said discharge application stood rejected by the order dated 4.3.2006 passed by the ACJM (I), Firozabad.