OMPRAKASH YADAV Vs. STATE OF MP

JUDGEMENT

(1.) This petition has been preferred by the petitioner under section 482 of Cr .P .C for quashing criminal proceedings concerning Cr. case no. 15003 of 2007 pending in the Court of CJM, Gwalior or in alternate for staying proceeding concerning Cr. Case No.15003 of 2007 till decision of case pending against respondent no.2 at Firozabad concerning Crime no.617 of 2007.

(2.) As per petition, respondeat no.2 and co-accused had committed murder of petitioner's brother Surnan Prakash Yadav on 12/10/2007 at 8.30 AM at Firozabad by firing gun shots at him. A report was lodged on the same day at PS Firozabad UP by petitioner and case was registered against respondent no.2 and others for commission of offence under sec. 147, 148, 149, 302 and 307 of IPC. Copy of the FIR is Annexure P/1. Niranjan Kumar Upadhyay TI Gola Ka Mandir in conspiracy with respondent no.2 in order to screen respondent no.2 Ashok Dixit in connection with the offence of the murder of petitioners brother on 12.10.2007 in connivance with ASI Bunkar and Head Constable Vijay Bahadur Singh and Ramvaran Yadav fabricated a false case and registered Crime no.0 of 2007 under section 34 of the Excise Act in Chauki Thatipur of PS Morar against respondent no.2 in order to show that respondent no.2 was not present in Firozabad on 12.10.2007 and he was present at that time in Gwalior at 9.30 AM where he is involved in the crime punishable under Excise Act. In that case, he had shown fictitious and untrue arrest of respondent No. 2 and case is registered against respondent no.2 at 12.08 PM in connection with Crime no.967 of 2007 at Police Station Morar Charge sheet is filed in the Court of CJM, Gwalior. Copy of the charge sheet is Annexure P/2 and arrest memo is Annexure P/4. Copy of FIR is Annexure P/5 and copy of report of Excise Inspector is submitted w as Annexure P/6. Copies of statements of witnesses is Annexure P/7 and P/7 A. It is further contended in petition that police Firozabad during investition of Crime no.617 of 2007 found that Niranjan Upadhyay and some others are involved in the conspiracy of screening respondent no.2 in connection with murder of petitioner's brother and they are responsible for offence under section 120B and 201 of IPC within jurisdiction of PS Dakshin, District Firozabad in Crime No. 617 of 2007 and case was registered against Niranjan Kumar Upadhyay and five others and warrant of arrest were issued against them as per Annexure P/9 to P/14, thereafter proclamation requiring their attendance was issued against them as per Annexure P/15 to P/20.As per petition, Niranjan Upadhyay then filed one writ, petition. Annexure P/21 is order passed in Cr.Mis.W.P.no. 10181 of 2008. Charge sheet has been filed against Niranjan Upadhyay on 12/10/2007 and against ASI R.P. Gunkar and Head Constables Vijay Bahadur and Ramvaran Yadav on 25.7.2009 .

(3.) As per further averments of petition, Town Inspector Thana Firozabad has also filed one application before CJM Gwalior to stay further proceedings of excise case pending in his Court against respondent no.2 till decision of case pending in Firozabad on the ground that alleged incidence of murder occurred on 12/10/2007 at 8.30 AM at Firozabad and it is impossible that respondent no.2 was present at 9.30 AM on 12/10/2007 at Gwalior which is 160 Kms away from Firozabad. Hence, apparently, false manipulated case of Excise Act is registered at Police Station Morar by Town Inspector Niranjan Upadhyaya and others to screen respondent no.2 in connection with murder of Suman Prakash Yadav Copy of application is Annexure P/22. That application was rejected by CJM Gwalior vide order dated 23/2/2008. Petitioner has also filed one application on 30/7/2008 in the Court of CJM Gwalior as per Annexure P/24. In that Excise case, respondent no.2 has filed applications in Court of CJM Gwalior as per Annexure P/25 and P/26 that he wants to admit his crime which shows his mala fide intention to create ground of alibi to screen himself from actual offence committed at Firozabad concerning murder of petitioner's brother. Therefore, this petition is filed for staying proceedings of Excise Act in connection with Cr. Case No.15003 of 2007 pending in the Court of CJM Gwalior against respondent no.2 till decision of the case pending in Firozabad in connection with Crime no.617 of 2007.