KHALIQ AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an application under section 482 Cr. P. C. to quash the order dated 13. 12. 2007 passed by the learned Addl. Sessions Judge, Fast Track Court No. 6, Bareilly in Sessions Trial no. 257 of 2007, State Vs. Aqueel Ahmad and others.

(2.) THE facts relevant for disposal of this application are that on 2. 2. 2004 Basheer Ahmad, O. P. no. 2 in the present application, lodged a report against accused-applicants at police station Sheeshgarh district Bareilly under section 302 I. P. C. with these allegations that on the aforesaid date, he, his brother Chhotey and father Mohd. Husain residents of village Chachehat police station Sheeshgarh district Bareilly were going to the house of Mohd. Munney resident of village Tanda Chhanga who is maternal uncle of Basheer Ahmad and Chhotey and brother-in-law of Mohd. Husain and when they reached infront of the house of Sewa Ram in village Tanda Chhanga about 12 noon, the accused Khaliq Ahmad and his brothers Aqueel Ahmad and Ameer Ahmad residents of village Tanda Chhanga, who had fire arms with them, came from behind and Khaliq fired at Chhotey from behind and then they ran away towards their house. Munney had also reached the spot and had seen the incident. Basheer etc. took Chhotey to the house of Munney for taking him to hospital but he (Chhotey ) died. Then he (Basheer Khan ) left the dead body of Chhotey at the house of Munney and went to the police station and lodged report at 1. 45 P. M.

(3.) ON the basis of the above report the police registered case crime no. 13 of 2004 under section 302, I. P. C. against the accused-applicants and after investigation submitted charge sheet against them and on the basis of that charge sheet S. T. no. 257 of 2007 is pending in the court of the Addl. Sessions Judge, Fast Track Court no. 6, Bareilly.