PRASHANT TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. Challenge in this application is the impugned order dated 4-3-2006 passed by the Additional Sessions Judge/fast Track Court No. 4, Firozabad in S. T. No. 524/05, State v. Chanu alias Jitendra Saini, under Sections 384, 342, 302/34, IPC, P. S. North, District Firozabad. By the impugned order the trial Judge has refused the prayer of the informant applicant Prashant Tiwari to summon Deo Deepak Yadav as an accused in the case.

(2.) IN short, the prosecution allegations are that on 26-8-2005 at about 6 p. m. accused persons Mukesh Gupta, Rishi Gupta, Chanu Saini and Desh Deepak Yadav came armed with fire-arms on the transport company of the informant applicant Prashant Tiwari situated at Shiv Nagar Jalesar Road, P. S. North, District Firozabad for squeezing illegal money and started demanding Rs. 20,000/- which was denied by the informant applicant. On this male factors caught up the informant applicant and started proceeding towards the house of accused Mukesh Gupta. Call for help by the informant attracted his father Harsh Kumar Tiwari, uncle Shiv Shankar Tiwari, Naveen Sharma and Prakash Bhardwaj and they all reached at the scene of the incident and chased the accused persons to save the informant who by that time was dragged near the house of accused Mukesh Gupta. Accused persons left the informant applicant and climbed on the door of the house of accused Mukesh Gupta. It is alleged that three accused Rishi Gupta, Desh Deepak Yadav and Chanu Saini instigated Mukesh to shoot at the prosecution side on which Mukesh Gupta fired at the father of the informant Harsh Kumar Tiwari who sustained fire-arm injuries and fell down on the road. Accused persons thereafter made their escaped good firing in the air. INjured father Harsh Kumar Tiwari was rushed to the District Hospital, Firozabad in serious condition but he was referred Agra by the doctors. INjured father could not reach Agra and lost his life in the way who was brought back to the District Hospital, Firozabad. The informant Prashant Tiwari got the FIR scribed through Gopal Tiwari and lodged it at the Police Station North, District Firozabad on the same day at about 8. 15 p. m. as Crime No. 292/05 under Sections 384, 342 and 302, IPC.

(3.) AFTER the case of the accused Chanu alias Jitendra Saini was committed to the Court Sessions as S. T. No. 524/05, State v. Chanu alias Jitendra Saini, statement of informant applicant Prashant Tiwari was recorded. Informant applicant in his statement before the Court also named Desh Deepak Yadav respondent No. 2 as an accused of the said crime. AFTER the statement of the informant applicant was recorded an application was filed by the prosecution for summoning Desh Deepak Yadav as an accused. The said application was rejected by Additional Sessions Judge/fast Track Court No. 4 by passing the impugned order on 4-3-2006 which order is under challenged in the instant application.