CHANDRA BHAN VERMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sushil Shukla, learned counsel for the applicant and Sri S. A. Murtaza, learned A. G. A. for the State of U.P.

(2.) By means of this application filed under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C."), applicant Chandra Bhan Verma has prayed that entire proceedings of Criminal Case No.15526 of 1998 under Section 302 IPC, Police Station-Chakeri, District-Kanpur Nagar pending in the Court of Chief Metropolitan Magistrate, Kanpur Nagar, be quashed.

(3.) Facts in brief giving rise to this application are that respondent-2, Anil Shukla (hereinafter referred to as "Informant") lodged a report at Police Station-Chakeri, District-Kanpur Nagar as Case Crime No.786 of 1994 (F.I.R. No.575 of 1994) under Section 302 IPC, on 15.10.1994 at 9.30 P.M. stating that at 4.30 P.M., on the same day i.e. 15.10.1994, he received a telephonic message from servant from Farm House that his brother Ashok Kumar Shukla alias Lalji, who had gone to said Farm House, situate at Daheli Sujanpur, has received gun shot injury. Immediately other brothers of Informant rushed to Farm House and brought injured brother to LLR Hospital i.e. Hailet Hospital, Kanpur. After receiving information from hospital, Informant also reached there. Doctors directed to arrange four units of blood, whereupon Informant and all family members went around for arranging blood. In the meantime, doctor repeatedly enquired from injured Ashok Kumar Shukla alias Lalji about incident, whereupon in low voice (whispering) he said that at 4.30 P.M. he was shot by his enemy. He died at 8.40 P.M. Shashi, another brother of Informant, went unconscious and after making arrangement of his primary care, Informant came to lodge report at Police Station.