Criminal Misc. Application No. 29442 of 2009. Case: Dharam Singh and Another Vs State of Uttar Pradesh And Others. High Court of Allahabad (India)
| Case Number | Criminal Misc. Application No. 29442 of 2009 |
| Counsel | Vivek Prasad Mathur |
| Judges | Ram Autar Singh, J. |
| Issue | Code of Criminal Procedure, 1973 - Sections 173(8), 226, 482; Indian Penal Code, 1860 - Sections 120B, 302 |
| Judgement Date | January 08, 2010 |
| Court | High Court of Allahabad (India) |
Judgment:
Ram Autar Singh, J.
Heard Sri Vivek Prasad Mathur, learned counsel for the applicants, learned AGA for O.P. No. 1 and perused the record.
This application has been moved under section 482 Cr.P.C. with prayer to quash order dated 6.11.2008, passed by Chief Judicial Magistrate, Mahoba, in criminal case no. 321 of 2004 and order dated 12.10.2009, passed by Sessions Judge in Sessions Trial No. 184 of 2008 (State Vs. Dharam Singh and others ).
The brief facts of the case as mentioned in the record are that in the year 2003, a case was registered against applicants Dharam Singh as well as four other family members, under section 302/120-B IPC at P.S. Kotwali, District Mahoba at crime no. 966 of 2003, on the basis of report lodged by Ram Pratap Singh to this effect that his sister was murdered by her Jeth (applicant no. 1), Dewar (applicant no. 2) in connivance with her husband, father-in-law, sisters-in-law and also the son of the applicant.
The learned counsel for the applicants has contended that opposite party no. 3 Ram Pratap Singh has falsely implicated the entire family of the applicants as the case is based on circumstantial evidence, but prior to the date of alleged incident, the applicants were already in jail in some other case registered against them at a different police station namely Baberu and the opposite party no. 3 has admitted this fact in his FIR and on this ground both the applicants have been granted bail in this case of murder.
The learned counsel for the applicants has further submitted that on 24.3.2004, the applicant no. 1 moved an application before the DIG Range, Chitrakoot Dham, Banda requesting him to transfer the investigation of the case crime no. 966 of 2003, under section 302/ 120-B of IPC to any other police station as the Investigating Officer was harassing them and the applicants had no hope of fare investigation. The DIG Range, Chitrakoot Dham, Banda vide his letter dated 25.3.2004 directed the Superintendent of Police, Mahoba to immediately transfer the investigation of criminal case no. 966 of 2003 along with all relevant documents to Superintendent of Police Hameerpur and the investigation of above case was transferred to Hameerpur and SI, Faiyyaz Ahmad was appointed as Investigating Officer on 15.4.2004 and directed to submit his report within one month. But the previous Investigating Officer of District Mahoba submitted a chargesheet dated 22.3.2004 and the Chief Judicial Magistrate, Mahoba took cognizance of the case on 27.3.2004. The...
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