HARI DHYANANAND Vs. STATE OF U P

JUDGEMENT

(1.) I have heard Sri V.P. Srivastava and the learned AGA in Criminal Revision No. 1226 of 2003, which is connected with Cri. Misc. Application No. 5417 of 2002.

(2.) CRI . Revision No. 1226/2003 has been filed with a prayer to quash the order dated 24.4.2003 passed by the Additional Sessions Judge, Fast Track Court (CTC) Court No. 5 in S.T. No. 299 of 2002 whereby the learned Judge had rejected application Nos. 5 kha and 18 kha moved by the ADGC (Criminal) under section 321 Cr.P.C seeking permission to withdraw the prosecution of the Revisionists.

(3.) THE brief facts of the case were that an FIR was lodged by informant Arvind Singh under sections 302/34/504/506/120 -B IPC at case crime No. 350 of 1999 at PS Bhelupur, District Varanasi on 26.10.1998 at 11 am, alleging that the in ­formant's father Shanta Singh, accompa ­nied by the informant, Baba Shanker Chaitanya Brahmachari, Dharam Singh his chachera sala (cousin brother -in -law) Namvar, were leaving the gate of Dharma Sangh to proceed to the Civil Court on 9.45 a.m. on the same day on foot. After they had covered sense distance, two motorcycles carrying four riders surrounded these per ­sons and started abusing them proclaiming that they were the persons who had made an enquiry into the corruption at the Garwa Ghat Math and that Swamiji had said that they should be murdered. Thereafter, out of the four persons who were sitting on the motorcycles, namely Hari Dhyana Nand, Hari Gyana Nand, Beani Dayala Nand alias Lal Bahadur and Dharma Darshna Nand, all disciples of Garwa Ghat Math, Dayala Nand took out a country -made pistol and fired on the deceased Shanta Singh, crying out that this sala wanted to get the enquiry done into the properties of Dev Nath Yadav @ Sharda Nand, Mahanth Garhwa Ghat. Thereafter, the accused proceeded in the northern direction. With the assistance of the police, Shanta Singh was rushed to the hospital where he died. On the way, the deceased disclosed to these persons that three days earlier these persons had threat ­ened to kill him. Earlier also threats had been extended to the deceased about which a report had been lodged on 15.5.1998 at PS Cantt. After investigation, charge -sheet was submitted against the applicants, Hari Dhyana Nand, Hari Gyana Nand, Beant Dayala Nand @ Lal Bahadur and final re ­port was submitted on 2.3.1999 against Dev Nath Yadav @ Sharda Nand. The case was pending in the Court of the CJM, Varanasi, as Cri. Case No. 2605 of 1999.