DAYA NAND Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This petition under S. 482, Cr. P.C. has been filed for quashing of the order dated 11-10-1982 passed by IV Addl. Sessions Judge Deoria in Sessions Trial No. 43 of 1979.

(2.) The Police of police station Nibua Naurangia, district Deoria submitted charge-sheet against the applicant and seven other for their prosecution under Ss. 147, 148, 307, 302 and 120-B, IPC for having committed murder of two persons namely Jang Bahadur and Dheer Rai on 2-4-1978 regarding which a case had been registered as Crime No. 19 of 1978. After the entire prosecution evidence had been recorded, the applicant in his statement under S. 313, Cr. P.C., which was recorded on 9-7-1979, took a plea of alibi and stated that on the date of the incident he was present in a place which was situated within police station Naval Parasi, district Nawal Parasi, NEPAL. He also filed copy of a FIR allegedly lodged by him at the aforesaid police station in NEPAL and copy of an injury report regarding his, medical examination in a hospital there. At the request of the applicant, the aforesaid papers were sent to the Ministry of External Affairs, New Delhi, for onward transmission to the Embassy of India in Nepal for the purpose of their verification by some officer of the Indian Embassy with reference to original record. The Ministry of External Affairs, New Delhi sent a communication dated 27-9-1982 to the effect that the documents sent for verification were not traceable. Thereafter the applicant filed photo copies of the FIR and injury reports before the learned Sessions Judge and prayed that the same may be sent to the Ministry of External Affairs for onward transmission to the Indian Embassy in NEPAL for the purpose of verification. The learned Sessions Judge was of the opinion that Photo copy could not be sent for verification and consequently rejected the application by his order dated 11-10-1982 which has been impugned in the present petition.

(3.) The present petition was admitted by this Court on 25-11-1982 and the proceedings of the Sessions Trial No. 43 of 1979 were stayed on 26-11-1982. The petition came up for hearing before me on 17-8-1995. It was pointed out by the learned counsel for the complainant that after lapse of 17 years, it was very doubtful whether the original FIR and injury report would be available in NEPAL and therefore, sending photostat copies of the documents for verification would be an exercise in futility. I, therefore, passed a detailed order on the same day and the operative part thereof reads as follows :