- (1.) K. N. Sinha, J. The present application under Section 482 Cr. P. C. has been filed for quashing of the proceeding of Criminal Case No. 3205/9 of 1999, under Sections 302/34 I. P. C. Police Station Kotwali, District Muzaffarnagar.
(2.) THE briefs facts, giving rise to this application, are that the informant Sri Virendra Kumar lodged the report on 23-11-1998 at police station Kotwali, District Muzaffarnagar, which was registered as Case Crime No. 481 of 1998, under Section 302/34 I. P. C. against the applicant and others. THE F. I. R. is Annexure-1 to this application. A chargesheet was filed against the applicant and three others. THE case of the applicant was separated and the case of remaining accused namely, Sunil Pratap Sharma alias Toni, Upendra Singh and Raj Kumar alias Mintoo alias Karan Singh were committed to the Court of session. THEir trials proceeded and no witness supported the case, with the result, the session trial ended in acquittal. THE judgment of session trial is Annexure-7 to the application. The case of the present applicant was separated and remained pending in the Court of Judicial Magistrate who has issued warrant against the applicant. The present application has been filed on the ground that none of the witnesses supported the case against the other accused and the trial ended in acquittal. There was no justification for proceeding against the applicant, as the result would be the same.
(3.) I have heard the learned counsel for the applicant, learned A. G. A. and also perused the judgment, F. I. R. chargesheet and evidence recorded in the trial of other co-accused in Session Trial No. 1285 of 1999 and S. T. No. 560 of 1999. According to the F. I. R. , the applicant and three others descended from a Maruti Car at Ahuja Centre Tourist Hotel and one of them, namely, Rajkumar alias Mintoo called Mr. Kuldeep. As Mr. Kuldeep came near the car, Rajkumar alias Pintoo fired on him, who died on spot. The Patrol party of police also reached and head constable Rajpal Singh, constable Shrikrishna and Pyare Lal also came on the spot. During the course of trial informants Virendra Kumar P. W. 1, Nitin Kumar P. W. 2, Prahalad P. W. 3, constable driver Harpal Singh, constable Shrikrishna and constable Suresh Giri, were examined. None of the witnesses of fact, supported the case, which resulted in acquittal.;