- (1.) The instant petition under Section 482 of Cr.P.C. has been filed with the following prayers: "(i) to quash the Prosecution Sanction (Annexure No.1) granted by the State Government vide Letter No.561/ 6-Pu-1-14-400 (10)/ 2013 dated 13.06.2014 to prosecute the petitioner and other accused persons named therein except Shri J. Ravindra Gaur. (ii) to quash the order of the cognizance taken in the Sessions Trial No.321/2009 by the CBI Court and (iii) to quash the charge dated 23.05.2018 framed against the petitioner Vikas Saxena, Mula Singh, Virendra Sharma, Devendra Kumar Sharma, R.K. Gupta and Anil Kumar under Section 120-B read with Section 193 of the Indian Penal Code and 120-B read with Section 218 of the Indian Penal Code and also to quash the charge dated 23.05.2018 framed against Gauri Shanker Vishwakarma and Jagveer Singh under Section 304 (II) read with Section 34 of the IPC and under Section 120-B read with Section 193 of the IPC and Section 120-B read with Section 218 of the IPC. (iv) to quash the entire proceedings of the Sessions Trial being conducted in the Court of Special Judicial Magistrate-I, CBI, Lucknow in the Sessions Trial No.321 of 2009, under Section 34 / 304 - (II) and Section 120-B , 193 and 218 of Indian Penal Code, P.S. CBI, SCB, District Bareilly. (v) to pass any other such order which this Hon'ble Court deems fit and proper in the nature and circumstances of the case."
(2.) Learned Counsel for the petitioner has submitted that on the information flashed on the wireless by Sri J. Ravindra Gaur, the then Additional Superintendent of Police, Bareilly, the petitioner and sub-Inspector Sri Mula Singh along with other police officials reached at Ruqumpur Railway Crossing and asked the gate man Budh Sen to close the railway gate. After some time, one Tata Sumo reached the Railway Crossing and seeing the petitioner and other police officials opened fire. Sri Ravindra Gaur, Additional Superintendent of Police warned the persons to stop firing but they continued with the firing and therefore, the Additional Superintendent of Police directed the gunner Gauri Shanker Vishwakarma for firing in self defence and in retaliatory firing by the applicant, one miscreant Muku Gupta had died by the bullet of Gauri Shanker Vishwakarama the gunner and another miscreant Pankaj Mishra alias Karan was injured. Other miscreants had run away and the driver of Tata Sumo surrendered before the police.
(3.) Learned Counsel for the petitioner has further submitted that thereafter an FIR in Case Crime No.545 of 2007, under Sections 307 IPC at Police Station Fatehganj, District Bareilly was registered. Another FIR in Case Crime No.546 of 2007, under Section 25 Arms Act was registered against Pankaj Mishra @ Pankaj Karan, Mukul Gupta and others unknown persons. After investigation, a charge-sheet in Case Crime No.545 of 2007 was submitted against Pankaj Mishra @ Pankaj Karan under Section 307 IPC whereas in Case Crime No.546 of 2007 final report was submitted by the police on account of death of Mukul Gupta. In trial, the accused Pankaj Mishra @ Pankaj Karan was convicted and sentence.;