Vinod Prasad, J. - (1.) The applicant Munna Singh alias Bhupendra Singh has invoked the inherent jurisdiction of this Court Under Section 482 Cr.P.C. with the prayer that this Court may graciously be pleased to direct the Chief Judicial Magistrate concerned to decide the recall application of the applicant dated 03.2.2006 filed in crime No. 372/05 by passing a speaking and reasoned order within stipulated period. The applicant in the same breath also prayed that coercive process should be kept in abeyance till the disposal of the aforesaid recall application filed by him. By the aforesaid recall application the applicant has prayed that the order of proclamation Under Section 82 Cr.P.C. issued by the CJM Azamgarh on 21.11.2005 on the application of I.O. be with drawn. A copy of the order dated 21.11.2005, passed by the CJM Azamgarh on the application of the I.O. has been filed as annexure No. 3 to the affidavit appended along with this application and the copy of the aforesaid recall application is filed as annexure 5 to the said affidavit.
(2.) The synopsized facts of the case are that the FIR was lodged on 14.11.2005 by Pyarey Lal Yadav at the Police Station Bardah, district Azamgarh Under Section 302, 120-B and 506 IPC. The said FIR was registered as crime No. 372 of 2005 and was in respect of an incident alleged to have taken place on 14.11.2005 at 6.15 P.M. The present applicant Munna Singh alias Bhupendra Singh is named in the said FIR as an accused along with one other co-accused namely, Prince Singh s/o Surendra Singh. It was mentioned in the FIR that the son of the informant Arvind Kumar Yadav was contesting the election of village 'pradhan of village Jindopur in the panchayat election. Ramanand Nai was also the member for the post of pradhan, who was supported by Munna Singh alias Bhupendra Singh, the present applicant. During the course of canvassing for the said election, the applicant had pressurized Arvind Kumar Yadav to with draw from election but he did not succumb to the said pressure, contested the election and was declared successful defeating Ramanand Nai aforesaid. Munna Singh present applicant had threatened to get Arvind Singh Yadav annihilated for the said reason. On 14.11.2005 Prince s/o Surendra Singh, who is the nephew of Munna Singh the present applicant, along with his companion, came to the house of the informant and enquired about Arvind Kumar on the pretext that a claim has got to be signed by him, otherwise he will loose Rs. 700/-, Arvind Kumar was not present at his house and therefore, both of them started waiting on the bricks pavement for him and returned back at 6.00 PM to the house of Arvind Kumar to take him with them. Arvind Kumar had returned meanwhile and both of them accompanied Arvind Kumar on the above pretext. Sensing suspicion the informant Pyarey Lal Yadav along with his wife Smt. Hirawati Devi, daughter-in law Gyanwati Devi (wife of the deceased), grand son Amit (son of deceased) followed them and saw that the aforesaid Prince and his companion shot at and injured Arvind Kumar Yadav from their country made pistol infront of the wheat field of Bankey Yadav on the bricks pavement road and thereafter took to their heels oh the western side. The informant brought his son to the district hospital Azamgarh, where he was declared dead by the doctor. The said incident culminated into the FIR as has been mentioned aforesaid. As the applicants were evading arrest and hence I.O. moved for proclamation Under Section 82 Cr.P.C. against them which was allowed by the CJM. The applicant filed an application for recall of the said order Under Section 82 Cr.P.C., which is pending before the CJM. Hence this application.
(3.) It is mentioned in the affidavit filed in support of present application that the present applicant was not present and was not involved in the aforesaid crime. It is also mentioned in the affidavit that the father, mother, son and wife of the deceased had filed an affidavits (annexure 2) denying the presence of the applicant at the spot. It is also pleaded that other co-accused Prince Shobha and Parmanand Nai have already surrendered and are in jail. It is stated in the affidavit that inspite of the affidavit by witnesses the I.O. filed an application before the CJM Azamgarh, who issued nonbailable warrant against the applicant in the aforesaid crime number vide annexure 3 to the affidavit. On the aforesaid factual matrix, the applicant filed recall application on 3.2.2006, as mentioned above with the prayer that the proclamation Under Section 82 Cr.P.C. be recalled along with non-bailable warrant issued by the CJM Agamgarh on 21.11.2005 against the applicant.;