AVTAR SINGH @ TARU Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of this application U/S 482 Cr.P.C., the applicants Avtar Singh @ Taru and Charanjeet Singh Sidhu @ Billu have prayed for quashing of the Charge Sheet No.433 B/13 dated 16.07.2018, arising out of Case Crime No.462 of 2018, under Sections 147, 148, 149, 307 and 302 IPC, P.S. Bilaspur, DistrictRampur pending in the Court of III Additional District and Sessions Judge, Rampur as Case No.4729 of 2018, State vs. Avtar Singh @ Taru and others.

(2.) Opposite party no.2, Kuldeep Singh lodged a First Information Report on 25.10.2013 at around 5:30 p.m. which was registered as the aforementioned case crime number against six (6) named accused namely Avtar Singh @ Taru, Tajendra Singh Bajwa, Sultan Singh, Manjeet Singh, Billu & Sukhvinder Singh Ladi and two unknown persons for having committed murder of Rajendra Singh brotherinlaw of the informant, Kuldeep Singh and Smt. Simarjeet Kaur wife of the deceased who was critically wounded.

(3.) The investigation, it appears was transferred to the Crime Branch of the Crime Investigation Department (CBCID) by the State Government vide order dated 28.11.2013. The said transfer of invesitgation was challenged by the informant Kuldeep Singh by way of a Writ Petition being Crl. Misc. Writ Petition No.24952 of 2013. A Division Bench of this Court by order dated 18.12.2013 for the reasons recorded in the said order, directed that the execution of the impugned order dated 28.11.2013 would remain in abeyance and further that the regular local police would be allowed to proceed with the investigation, but the same may not be concluded till further orders of this Court. The said order is reproduced below: