SUSHIL Vs. STATE OF U P

JUDGEMENT

(1.) DURING the course of hearing of Criminal Misc. Application No 2938 of 2009, it was contended that Criminal Miscellaneous Application No 22773 of 2008, Umesh and others v. State of U. P. and another, pending in this Court have been filed by the accused of cross case and they have got a stay order of the proceeding of the cross version and therefore the applicants Shushil and Pramod should also be granted stay order. On such an argument, Criminal Miscellaneous Application No. 22773 of 2008, Umesh and others v. State of U. P. and another, was directed to be clubbed along with the present Criminal Miscellaneous Application and in agreement with counsels for the applicants in both the above applications, these applications are being decided by this common order.

(2.) IN Criminal Miscellaneous Application No. 2938 of 2009, the two applicants sibling brothers Shushil and Pramod have prayed for quashing of proceeding of S. T. No. 523 of 2008, State v. Shushil and others, under Section 307/504, I.P.C., police station Tundla, district Firozabad, pending against them in the Court of Additional Sessions Judge, Firozabad.

(3.) MAIN allegations, in an abridged form, against these applicants accused are that on 28.2.2007 at 7 p.m., by forming an unlawful assembly, they raided the house of informant Smt. Ravita Chak (wife of Shushil applicant in Criminal Miscellaneous Application No. 2938 of 2009), situated in Gulab Nagar, Near Anamika Talkies, Police station Tundla district Firozabad, along with other non-applicant accused persons, and assaulted the informant, her husband Shushil Kumar Chak, (applicant in Criminal Miscellaneous Application No. 2938 of 2009), her Dewar Pramod (another applicant in the said tagged up Criminal Miscellaneous Application), his wife Bharti, with kicks and fists. By resorting to brick bats they committed mischief and destroyed informant's house hold articles. Subhash and Satish fired at Shushil but he escaped the shots. Rajendra Prasad, Rajesh Kumar, Sanjai, Sanjiv Sharma, and many other neighbours collected at the spot, on which raiders ran away, threatening that the informant and his family members will be murdered in future. Police was informed by Smt. Ravita Chak, which arrived at the scene of the incident but arrested the husband and Dewar of informant, took them to the police station and locked them up in a false case. The written report by Smt. Ravita Chak was stamped but was not registered by the police. Subsequently, on 1.3.2007, because of non-registration of the crime, the aforesaid accused persons fired upon the informant in the afternoon at 12, causing her injuries, regarding which she lodged another F.I.R., Annexure -SA3, the same day, under Section 307, I.P.C. and got herself medically examined. In the said offence charge-sheet already has been filed against accused Umesh only vide Annexure-12 to the affidavit filed in support of this Criminal Miscellaneous Application.