SURYA BHAN Vs. STATE OF U P

JUDGEMENT

(1.) M. K. Mittal, J. This writ petition has been received in this Court by nomination.

(2.) THE writ petition has been filed with the prayer to quash the impugned order dated 6th December, 2006 passed by the Incharge Sessions Judge, Allahabad in Criminal Revision No. 876 of 2006 whereby the revision has been dismissed in limine and order dated 10th October, 2006 passed by the Additional Chief Judicial Magistrate, Court No. 2, Allahabad in Criminal Case No. 99/xii of 2006 (Deepak Kumar Singh v. Dilip Agrahari and Ors.) [annexures-1 and 2], whereby the final report No. 36 of 2006 has been rejected and the protest petition dated 17-6-2006 filed by respondent No. 2 has been accepted and the accused have been directed to be summoned under Section 190 (1) (b) of Cr. P. C.

(3.) IT may be noted that a report was lodged by Shiv Bhan Singh Yadav on 24-11-2005 at 10. 30 p. m. regarding the incident that took place the same day at 9 p. m. and the case was registered as case crime No. 6237050358 of 2005 under Section 302, I. P. C. In this report Manoj Kumar Singh, Deepak Kumar Singh (Respondent No. 2) and Chandan Pandey have been named as accused persons and it has been alleged that after conclusion of the students union election, the informant Shiv Bhan Singh Yadav alongwith nephew Kamlesh Kumar Singh Yadav who was candidate for the post of General Secretary had hardly reached near the house of Dilip Kumar Agrahari, a friend on motorcycle, the accused persons came in a black Safari vehicle which was being driven by Chandan Pandey. They abused Kamlesh Kumar Singh Yadav and Manoj Kumar Singh fired at the right temple of Kamlesh Kumar Singh Yadav from point blank range. He was injured and fell down. The accused also made several fires in air and one of them hit Chandan Pandey. Kamlesh Kumar Singh Yadav was taken to hospital, but the doctors present there, declared him dead.