- (1.) BARKAT Ali Zaidi, J. The aforenoted two applications under Section 482, Cr. P. C, since arise out from the same proceedings and seek the common relief, they are clubbed and heard together and are disposed of by this common order.
(2.) THERE were 8 accused, out of which, 6 were acquitted at the trial. The acquittal order was passed by the Additional Sessions Judge (Fast Track Court No. 3) Deoria in S. T. No. 45 of 1998 on 11-3-2003. The two accused-applicants were absconding and they could not be tried alongwith the remaining accused. Now they have appeared in the proceedings against them which are pending before the Chief Judicial Magistrate, Deoria. They say that none of the five prosecution witnesses including the complainant and two injured witnesses implicated any of the accused including the two applicants in the commission of Crime. The remaining six accused were, therefore, acquitted by the trial Judge. They, therefore, contend that their trial now will be a farce because no evidence is available against them. I have heard Sri Gopal S. Chaturvedi, Senior Advocate, assisted by Sri Ashok Kumar Mishra, Advocate for applicant No. 1 and Sri V. M. Zaidi, Advocate for applicant No. 2 and Sri R. K. Maurya, Additional Government Advocate for the State.
(3.) A certified copy of the judgment in case of the other accused and the copies of the statements of 5 witnesses reveal that they denied the applicants' participation in the said occurrence. In view of the fact that none of the witnesses including the complainant and the injured witnesses have implicated the applicants-accused, their trial will serve no purposes and will only cause undue harassment. It will be clearly an abuse of the process of Court. The proceedings in Criminal Case No. 35873587 of 1992 (Case Crime No. 20 of 1992, P. 5. Akauna) under Sections 147, 148, 149, 307, 302 and 506 Indian Penal Code pending in the Court of Chief Judicial Magistrate, Court No. 17, Deoria shall, therefore, stand terminated.;