KAILASH CHAND SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) This is an application under section 482 Cr. P.C. seeking thereby the relief of quashing the F.I.R. and the investigation in case crime No. 109 of 1987 against the applicant under lections 364/302/2011.P.C.

(2.) I have heard the learned counsel for the applicant as well as the learned counsel for the State.

(3.) It has been vehemently contended by the learned counsel for the applicant that the appellant had not been nominated in the First Information Report lodged under section 364 I.P.C. at Police Station Civil Lines. Meerut with regard to disappearance of Sri Subhash Chand Sethi, Advocate practising at District Courts, Meerut on 19th Later-on another report was lodged by the same complainant on 22nd March 1987 fat Police Station Civil Lines, Meerut alleging therein that the applicant and the deceased had been seen going in a car. Subsequently the dead body of the deceased was recovered on 19th March 1987 and Post Mortem Examination on the corpse was carried on 20th March 1987. According to the Post Mortem Examination Report, the deceased had succumbed to his Injuries between 16th and 17th of March 1987. Thereafter as stated above on 22nd March another report came Into being at Police Station Civil Lines, Meerut which alleges that the deceased had been witnessed in the company of the applicant and others In a car in the City of Meerut on 18th March 1987. Ultimately it has been submitted that in the background of the above circumstances, the applicant/accused has been falsely implicated In the murder case of the aforesaid Advocate.