LAWS(ALL)-2017-2-214

RAIS AHMAD Vs. STATE OF U.P.

Decided On February 10, 2017
RAIS AHMAD Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) The petitioner has preferred this writ petition under Art. 227 of the Constitution of India aggrieved by the order dated 29th Aug., 2014 passed by the Judicial Magistrate, Aligarh in Complaint Case No. 3052 of 2012, Rais Ahmad Vs. Shakir and others, and the judgment and order dated 27th March, 2015 passed by the Additional Sessions Judge, Aligarh dismissing Criminal Revision No. 901 of 2014 filed by the petitioner against the aforesaid order of the Judicial Magistrate.

(2.) The relief sought for by the petitioner in the instant writ petition reads as under:

(3.) Briefly stated the facts are that the petitioner filed a complaint case under Sec. 156 (3) Crimial P.C., wherein he prayed that a criminal case be registered against the respondent nos. 2 to 12 under Sections 195A and 506 I.P.C. on the ground that the respondent nos. 2 to 12 had kidnapped a close relative (Mamera brother) of the petitioner, namely, Kamal on 24/25 Oct., 2009 and murdered him. With regard to the said incident a first information report was lodged against the accused-respondent nos. 2 to 12 at Police Station Shasni Gate, District Aligarh which was registered as Case Crime No. 694 of 2009, under Sections 364, 302, 334, 201 I.P.C. In the said criminal case, after investigation a charge-sheet was submitted against the accused persons for the offence under Sections 364, 302, 201/34 I.P.C., and the trial is pending being S.T. No. 502 of 2010, State Vs. Shakil and others, in the Court of Additional Sessions Judge, Aligarh. In the said trial all the accused have been enlarged on bail by the High Court.