K.N.Sinha, J. - (1.) Heard learned counsel for the applicant, learned A.G.A. and learned counsel for the opposite party No. 2.
(2.) The brief facts, giving rise to the present application, are that opposite party No. 2 informed the S.O. Kuraoli district Mainpuri that his son Pawan was missing. This information was entered in G.D. No. 39 dated 24.4.2000 at 7.55 P.M. On 25.4.2000, opposite party No. 2 again informed the police regarding his suspicion against non-applicant Brajesh @ Pappi and his friend Shilendra. On this basis, the case was registered. Co-accused Brajesh @ Pappi and Shilendra were arrested but they did not disclose the name of the applicant. The dead body was recovered on 25.4.2000. The recovery of knife was also made. After completing the investigation, the charge sheet was submitted, which is Annexure No. 8. The applicant, being below the age of 16 years, was declared juvenile by the A.C.J.M. Mainpuri in his order dated 20.5.2000. The co-accused were put to trial and acquitted by the judgment of the Court in S.T. No. 368/2000, which was delivered on 6.1,2003. The witnesses of the occurrence are the same against the present applicant as well. If the applicant is put to trial, he will be put to unnecessary harassment, without any result.
(3.) I have perused the copy of the judgment recorded by the trial judge in S.T. No. 368/2000. The judgment shows that PW-1 Prem Raj Singh was declared hostile. PW-2 Dalvir Singh and PW-3 Mohabbat Singh have also not supported the case. Thus, in view of no evidence, the co-accused Brajesh @ Pappi and Shilendra were acquitted.;