PRADEEP KUMAR CHAURASIYA Vs. STATE OF U P

JUDGEMENT

(1.) Pradeep Kumar Chaurasiya who is the informant of Crime No. 231 of 2004, u/S. 363, 365 and 364A IPC, P.S. Cantt. District Varanasi has preferred this Criminal Misc. Application with the prayer that order dated 12-4-2006 passed by the Additional Sessions Judge/Fast Track No.2 Varanasi in S.T. No. 758 of 2004 State v. Avadesh and other be quashed. The aforesaid Sessions Trial is related with the aforesaid number.

(2.) The background facts of the case are that the father of the applicant Shiv Shankar Prasad was abducted on 10-5-2004 when he had gone for a morning walk at about 5 a.m. Regarding the said abduction a FIR was lodged on the same day at about 8.30 a.m. as Crime No. 231 of 2004 u/Ss. 363. 365 IPC by the applicant at P.S. Cantt., district Varanasi. The investigation into the crime was engineered by the police and on 14-6- 2004 the police party headed by SOPS Lanka, arrested the accused persons, namely; Avadhesh Yadav. Bachha Singh, Kandhari Yadav, Nagendra Pratap Singh and Kharpattu. From their possession illegal arms as well as ransom money to a tune of Rs. 32.44 lakhs were recovered from their possession which was paid to them for release of the abductee Shiv Shankar Prasad by the informant. The investigation into the crime resulted in charge sheeting the accused persons on the basis of which they were summoned by the Magistrate and were committed to the Court of Session for trial.

(3.) During the pendency of the trial recovered amount was released in favour of the applicant by Chief Judicial Magistrate, Varanasi vide his order dated 24-7-2004 (an- nexure No.3). The said order was challenged before the Sessions Judge by the accused but they failed before the revisional Court also who confirmed the order of the Magistrate releasing the money in favour of the informant. However, this Court stayed the release of the said amount to the applicant informant vide its order dated 6-12-2004.