- (1.) These two criminal revisions have arisen out of order dated 29.6.2015 passed by Additional District & Sessions Judge/F.T.C., Siddharth Nagar in S.T. No.40 of 2014, Case Crime No.313 of 2008, under Sections 147, 148, 323, 353, 224, 336, 504 & 489(C) I.P.C. and Section 7 Criminal Law Amendment Act, P.S. Dhebaruwa, District Siddharth Nagar, rejecting Application 9-B moved by Government Counsel (Crl.) for withdrawal from prosecution and discharge of 15 accused under Section 321 Cr.P.C. Feeling aggrieved with the rejection of application of prosecution, 2 out of 15 accused, have preferred above revision petitions separately.
(2.) Since two revisions have been filed by two accused separately and have arisen from one and the same order, they were heard together and are being disposed of by a common order.
(3.) The brief facts of F.I.R. dated 3.6.2008 lodged by Inspector, S.O.G., District Balrampur are that "upon information that one person is arriving from Nepal with unauthorised weapons and foreign currency with an intention to sell them in Panchdewa, he along with police-squad made preparations for the arrest of such persons and at about 5:00 p.m. found one person caming on red colour Honda motorcycle from the side of Badhani. On being checked he tried to escape but on being caught by use of force he disclosed his name to be Sanjeevan son of Guru Prasad and upon search a packet was recovered from his pocket containing unauthorised foreign currency "Iraqi Dinars" worth 50,000/- with 41 Dinars of the denomination of 1000/-, 17 Dinars of the denomination of 500/- and 2 Dinars of the denomination of 250/-. In the meantime, during search operations, Lalit son of Guru Prasad, the elder brother of above Sanjeevan @ Rama Shanker @ Majhawan arrived with eight named and 100-150 unnamed persons, made an attack on the police force by pelting bricks and stones, in order to get Sanjeevan rescued and causing injuries to members of squad ultimately got Sanjeevan rescued after entering in S.S.P.'s office and also created law and order problem in the locality resulting in closure of shutters of shops in market and doors of houses.;