PRABHAT KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) ALL these three applications have been moved under section 482 Cr. P.C. to quash charge -sheets filed in Case Crime No. 11 of 2007, 10 of 2007 and 9 of 2007 respectively of P.S. Pipi Gang Distt. Gorakhpur. Since the facts of all these cases are common and the point involved is legal one, I have with the con ­sent of parties, heard Mr. Raghuvir Singh and Mr. S.R. Singh, learned Counsel for the applicants and learned A.G.A. for the State and now I am deciding them by a common order.

(2.) THE facts relevant for disposal of these applications are that on 7.4.2007 at 4.30 P.M. an F.I.R. was lodged by Shesh Mani applicant No. 1 in Cri. Misc. Appli ­cations No. 14923 of 2008 and 14964 of 2008 with these allegations that he is on inimical terms with Rajendra Kurmi and his family members and on 7.4.2007 at about 3.40 p.m. Shesh Mani along with his son Avinash Yadav was going to his house. At that time Rajendra Kurmi, his brother Yogendra Kurmi and one Shiv Kumar Kurmi, who were riding on a motorcycle reached near them and Shiv Kumar Kurmi asked his companions to murder them. Then Rajen ­dra Kurmi fired from his contrymade pis ­tol. Consequently, Avinash received the fire arm injury and he fell down. Shesh Mani tried to run away but Rajendra, Yo ­gendra and Shiv Kumar fired upon him also. This incident was witnessed by Rad -hey Shyam Chaurasiya, Yogendra etc. Av ­inash Yadav died on the spot. Thereafter. Shesh Mani reached the police station and lodged the F.I.R.

(3.) THIS fact is not disputed that all the three FIRs are of the same incident, which had allegedly taken place at the houses of the three informants in one con ­tinuation at the same time. The Police after investigation has submitted charge -sheets against 34 accused persons in Case Crime Nos. 10 of 2007, against 33 accused persons in Case Crime No. 11 of 2007, and in Case Crime No. 9 of 2007 against 15 accused persons.