MANI KANT MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ghanshyam Dwivedi, learned counsel for the applicant, Sri Atharva Dixit, Advocate holding brief of Sri Manish Tiwari, learned counsel for opposite party no. 2 and Sri L.D. Rajbhar, learned Additional Government Advocate for opposite party no. 1 (State of U.P.).

(2.) This application under Section 482 of The Code of Criminal Procedure, 1973 (hereinafter referred to as ' CrPC ') has been filed to set aside the order dated 15.09.2000 passed by IIIrd Additional Chief Judicial Magistrate, Mathura in Case Crime No. 121 of 1996, under Sections 394 , 302 of the Indian Penal Code (hereinafter referred to as ' IPC ') Police Station - Govardhan, District - Mathura, whereby cognizance for the offences under Section 302 , 394 , 411 IPC against applicant Mani Kant Mishra and co-accused Yog Bahadur and Mahendra Pratap Mishra has been taken, rejecting the final report submitted by the investigating officer. (I.O.).

(3.) Brief facts of the case, as spelt out on perusal of record, are that in the night intervening 16/17.06.1996, informant/complainant Mohan Lal along with his wife Nirmala, sister Jamuna Devi, brother-in-law Praveen, wife of brother-in-law Kamlesh was performing 'parikrama' (a hindu ritual which involves circumambulation of sacred places along a path) around 'Govardhan' (a hindu Deity) situated in District - Mathura. At about 01.00 A.M., four miscreants aged between 20 and 30 years reached on the spot and assaulted the informant and his family members and looted the jewellery worn by the female members of the family. When objected to by the informant Mohan Lal and his brother-in-law Praveen, the miscreants starting assaulting both of them. One of the miscreants fired from his 'katta' (country-made pistol), which hit on the temple of Praveen, due to which he sustained injuries. On alarm being raised by them, many people came to the spot, which resulted into the miscreants fleeing away from the spot. After some time, Senior Superintendent of Police, Mathura Bhavesh Kumar Singh reached on the spot and sent injured Praveen to a local hospital at Mathura for treatment, where he was declared dead by the doctors. On the same day (17.06.1996) at about 05.30 A.M., the informant lodged a first information report (FIR) of the incident at Police Station - Govardhan, District - Mathura. On the same day, at about 11.00 A.M., the applicant Mani Kant Mishra along with co-accused Yogesh Bahadur, Mahendra Pratap Mishra and juvenile in conflict with law Yogesh Chandra Tiwari were arrested by the police with illicit weapons and looted ornaments. On the spot, informant Mohan Lal and other witnesses identified the looted ornaments belonging to them and also identified the miscreants.