GANGA CHARAN RAJPUT Vs. STATE OF U P

JUDGEMENT

(1.) K. N. Sinha, J. The petition under Section 482 Cr. P. C. was brought before this Court for quashing of the charge-sheet dated 3-10-2003 passed in Criminal Case No. 2401/2003, pending in the Court of Additional Chief Judicial Magistrate, Jhansi.

(2.) THE fact, as unfolded in the petition, is that applicant is a social and political person elected for Lok Sabha twice from Hamirpur. While election were going on in 1996, two groups had exchange of hot words on 18-2-1996 near railway crossing on Samthar Road District Jhansi. Taking advantage of the aforesaid occurrence, a conspiracy was hatched and an F. I. R. was lodged at case crime No. 30 of 1996 under Sections 147, 148, 149, 307, 323, 506, 395 and 425 IPC police station Moth District Jhansi, in which applicant was also named, though he was neither present on the spot nor participated in the incident. A cross F. I. R. at case crime No. 30a/1996 under Sections 147, 148, 323, 504, 395/34 and Section 3 (1) SC/st Act police station Moth District Jhansi was also lodged naming three persons, Deep Narain Yadav (opposite party No. 3), Charan Singh Yadav and Chandra Pal Yadav. Both the FIRs are Annexures 1 and 2 to the petition. Both the criminal cases were under investigation by the civil police, thereafter transferred to crime branch. THE applicant was elected to Lok Sabha in March 1996 and has no concern with the District Jhansi where the occurrence is said to have taken place. As the incident was false, the witnesses submitted affidavit before the C. B. C. I. D. , in favour of applicant, which are Annexures 3, 4 and 5 to the petition. As election was near the complainant of both the F. I. Rs. have compromised the matter amicably and no further investigation was done after 1997 but when the Government, headed by Smt. Mayawati came in power, the investigation again started for political reasons. THE C. B. C. I. D. was out to arrest the applicant. THE applicant filed a writ petition before this Court in which arrest was stayed. It would be very much relevant to note that said writ petition No. 3984/2002 was filed jointly by the applicant and Deep Narain Yadav, the complaint of case crime No. 30/1996. Charge-sheet was filed and cognizance was taken. THE F. I. R. was politically motivated as applicant was not even present at the place of occurrence. Complainant Deep Narain Singh and the applicant amicably settled the matter. Further proceedings in the matter would only be an abuse of process of the Court.

(3.) HEARD Sri Ramendra Pratap Singh learned Counsel for the applicant and the learned A. G. A.