- (1.) THE applicants by way of filing this application under section 482 Cr.P.C. have sought to quash the impugned order dated 06.07.2011 passed in case no. 1167/2010, Brij Lal vs. Lala Ram and others, under sections 302, 201 and 120B IPC passed by Chief Judicial Magistrate, Shahjahanpur.
(2.) SHORN of unnecessary details, the fact leading to the filing of this application, in brief, are: On 18.02.2010 the opposite party no.2 Brij Lal lodged the first information report at police station Mirzapur, District Shahjahanpur under section 304A IPC in regard to the offence alleged to have committed by applicant no.1 Lala Ram on 17.02.2010 at 12.00 in the mid night when wedding ceremony was alleged to be going on the applicant no.1 is said to have taken out his revolver and fired which incidently hit the son of opposite party no.2 Megh Pal as a result of which son of opposite party no.2 died.
(3.) THE opposite party no.2 on 11.03.2010 moved an application under section 156(3) Cr.P.C. for the issuance of direction to the police concerned to register the offence under sections 302, 201, 120B IPC before the Chief Judicial Magistrate, Shahjahanpur but the same was dismissed for want of prosecution by order dated 11.08.2010. In the meantime the prosecuting agency submitted the charge sheet dated 17.03.2010 under section 304 IPC and section 27 of Arms Act against accused Lala Ram applicant no.1 in respect of first information report lodged against him at crime no. 62/2010. THE cognizance was also taken by the learned Magistrate vide order dated 24.04.2010. THE opposite party no.2 Brij Pal thereafter instituted a complaint dated 07.04.2010 before the Chief Judicial Magistrate, Shahjahanpur in respect of the same incident dated 17.02.2010 against four persons on materially different, contradictory and mutually exclusive version what was alleged in the FIR.;