PREM CHAND Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri A. P. Mishra, advocate, appearing for the applicant and A.G.A. for the State.

(2.) BY means of this application under Section 482 of the Code of Criminal Procedure (in short 'the Cr. P.C.'), prayer to quash the order dated 9.3.2009, passed by Additional Sessions Judge, Court No. 12, Bulandshahr, in S.T. No. 1015 of 2007, State v. Ganga Das and others, under Sections 364/34, 302/34 and 201, I.P.C. P. S. Kotwali Dehat, district Bulandshahr, has been made.

(3.) THE first and foremost submission made by learned counsel is that the applicant Prem Chand is serving in Central Industrial Security Force (in short 'the C.I.S.F.') and he was performing his duty in Delhi on the day of incident and hence, there was no occasion for him to participate in the incident of kidnapping and committing murder of the deceased Jogendra and since the court below has ignored the material evidence collected by the Investigating Officer during investigation and has passed the impugned order merely on the basis of statements of the witnesses Dharm Singh, Smt. Prakasho and Ram Kishan, hence the impugned order being illegal, should be set aside. For this submission, my attention was drawn towards the entries (Annexure-6) made on 20.12.2007 in the case diary of Case Crime No. 305 of 2007, under Sections 364, 302 and 201, I.P.C. My attention has also been drawn towards the identity card (Annexure-7) of the applicant Prem Chand to show that he is serving in C.I.S.F. and attendance roll (paper No. 33).