- (1.) HEARD Sri Dilip Kumar, learned counsel for the applicants, Anurag Shukla, learned counsel for the informatn/ opposite party no.2 and learned AGA for the State.
(2.) THE applicants by means of this application under Section 482 Cr.P.C. has invoked the inherent jurisdiction of this Court with a prayer to quash the order dated 20.09.2013 (Annexure -29 to the accompanying affidavit) passed by C.J.M., Auraiya by which final report no. 78 of 2012 laid in case crime no. 145 of 2011, P.S. Airwa Katra, District Auraiya under Sections 302, 201/34 IPC was rejected and cognizance was taken after allowing the protest petition of the complainant/ opposite party no.2 and the matter was directed to proceed as the State case as well as the entire proceedings of F.R.case no. 78 of 2012.
(3.) THE brief facts of the case as emerging from the perusal of the affidavit filed in support of this application are that an information which was given by Dinesh Singh opposite party no.2, P.S. Airwa Katra, District Auraiya on 17.12.2011 at 10.30 am that his brother Rajesh Singh alias Babloo had left his house in the evening of 16.12.2011 for attending the terhavi ceremony of the father of one Vinay Shakya in village Bhataura and had not returned back to his home till late in the evening. On the next morning i.e. 17.12.2011, Rajesh Singh Bahadauria was found dead along with motorcycle in Kattaiya Minor. Suspicion was about his being done to death by unknown persons. The said information was recorded in the G.D. at sl. no. 17. After the aforesaid information was registered inquest was conducted between 11.00 a.m. To 12.00 a.m. on 17.12.2011. Kalicharan Siyaram, Subedar, Surendra Singh Bhadauria and Raghupal Singh residents of Nagla Kasan and village Sarai Kachhwah had singed the inquest report (Annexure -2) as witnesses. The police officer who had conducted the inquest noted in the inquest report two abrasions on the deceased's deadbody, one near the right eye and the other below the right side of chin. On the recommendation of the police officer and the inquest witnesses the deceased's dead body was sent for post mortem. The post mortem report of the deceased dated 17.12.2011 (Annexure -3) indicated the following injuries on the dead body of the deceased : - (i) One abrasion 1.5 x 1 cm over the ride sight of face. (ii) Abrasion of 1 cm. near the right eye. (iii) Traumatic swelling over an area of 6 cm x 4 cm on top and back of the head in parito occipital region underlying occipital bone fractured.;