Surendra Kumar, J. - (1.) HEARD Sri Dharmendra Singhal, learned counsel for the applicant, Sri Dharmendra Singh, learned AGA for the State.
(2.) ONE Shyam Singh who is an accused along with Kamla, Gopal Singh and Dharmveer Singh in Case Crime No. 82 of 1998 under Sections 323, 307, 427, 504, 506 IPC, Police Station Khair, District Aligarh, on the basis of the first information report lodged by the complainant Kishor Singh, has moved the instant application under Section 482 Cr.P.C. impleading the State of U.P. and the complainant Kishor Singh as opposite party nos.1 and 2 respectively with the prayer that the order dated 23.9.1999 (Annexure No. 7) passed by the IInd Additional Chief Judicial Magistrate, Aligarh, in Criminal Case No. 431 of 1998 State Vs. Kamla Singh and others under Sections 323, 307, 427, 504, 506 IPC, Police Station Khair, District Aligarh, be quashed. The complainant, Kishor Singh lodged the first information report at Case Crime No. 82 of 1998 at Police Station Khair, District Aligarh, against the above four accused persons including the applicant Shyam Singh with the allegation that on 28.3.1998 around 6:00 a.m., he was at his house, the accused Kamla tried to damage the outer wall of his house with spade which was objected by the complainant. This led to abuses between the parties and then the applicant Shyam Singh armed with licenced gun and other three accused persons armed with Lathis came there and all of them assaulted the complainant Kishor Singh with their respective weapons causing injuries to the complainant Kishor Singh. The applicant is further alleged to have fired from his licenced gun causing injury on finger of his left hand. When the witnesses reached the spot, the accused persons left the place extending life threats.
(3.) THE Investigating Officer after making investigation into matter submitted charge sheet to the Senior Prosecuting Officer finding the involvement of all the accused persons in the said incident. The Superintendent of Police, Rural Areas, District Aligarh, ordered reinvestigation to another Police Station Peshawa and directed S.H.O. of Police Station Peshawa to obtain record relating to the investigation and make investigation. Thus, the Superintendent of Police, ordered for reinvestigation into the matter and entrusted the same to different Police Station namely Peshawa. Subsequently, the investigation was made by Shri Brahma Singh, S.H.O. of Police Station Peshawa. Copy of the order has been annexed as Annexure No. 2 to the affidavit filed in support of this application.;