K.N.Sinha, J. - (1.) By means of present application under Section 482 Cr. P.C. the applicant has sought the quashing of the order dated 20.11.1997 passed by Special Judge Dacoity, Etah in S.T. No. 60 of 1986, Amar pal Singh v. Soney Lal, and to proceed against the accused in pursuance of order dated 4.7.1996 and 5.2.1997.
(2.) The factual story set up in the F.I.R is that the informant and his uncle Mahipal Singh, Surajpal Singh, Sanjai Singh boarded private bus No.U.P.T. 2946 at 4.00 P.M wherein the opposite parties were also sitting. The informant's uncle Mahipal singh has old licence of rifle and gun. The opposite parties also came with fire arm. At 4.10 P.M when the bus stopped and the passengers starting getting down, Soney Lai, opposite party No. 6, fired on Mahipal Singh. The informant's father and grand father resisted whereupon the other opposite parties were caught hold by Suraj Pal Singh and few unknown person who looted the cash, cartridge, revolver and gun. By fire Mahipal Singh died on the spot and unknown person escaped with the looted revolver, gun and cash.
(3.) The brief facts giving rise to this petition are that applicant Amar Pal Singh lodged a report under Section 396 I.P.C which was registered as case Crime No. 97 of 1993 against opposite parties No. 2 to 6. After concluding the investigation the Investigating Officer submitted the final report. The applicant filed protest petition against the said final report and after considering the protest petition the final report was rejected and opposite parties 2 to 6 were summoned as accused. The opposite parties approached this Court by means of Crl. Misc. Application No. 3666 of 1996 wherein this Court directed the opposite parties to appear before the concerned court and file their objections then the trial court to pass the order. After this order of the court, the opposite parties asked for the copy of the case diary which was furnished. The opposite parties, however, did not appear hence the trial court confirmed the previous summoning order and issued summons. After the change of Presiding Officer the trial court without any reason passed another order accepting the final report.;