- (1.) VINOD Prasad, J. The above three applications arises out of the same incident and proceeding and, therefore, all the three cases are clubbed together and are being disposed off by this common judgment.
(2.) AN incident of robbery occurred on 27-4-2002 regarding which a F. I. R. was lodged by Manoj Kumar Agarwal @ Chinni Babu as Crime No. 822 of 2002 under Section 394 I. P. C. According to the version of the F. I. R. on 27-4-2002 when the informant after closing his Sugar Shop in Mohalla Sahamatganj was returning to his house alongwith Rs. 5,000/- then at 8. 45 p. m. in front of his house, three unknown boys came towards Viduraj Hospital and at gun point they committed robbery of Rs. 5,000/- from the informant and ran away with it. Informant raised hue and cry and chased them on which the culprits fired at him causing him injuries. Hue and cry raised by the informant attracted Sarvesh Kumar, Dr. Sanjay, Rajeev, Sandeep and others who all reached the spot and saw the incident. The culprits continued to fire towards the witnesses as well as a result of which Sandeep and Sarvesh Kumar also sustained injuries. The informant also made a fire from his licensee revolver causing injuries to one of the culprits whose identity was later on disclosed as ANil Kumar Kashyap. Rest of the robbers made their escape good. Injured Sarvesh Kumar was rushed to Sheel Hospital immediately. Informant Manoj Kumar Agarwal @ Chinni Babu carried injured witness Sandeep alongwith him and lodged a F. I. R. at the police station Kotwali, Bareilly the same date as the aforesaid crime. In respect of this very incident another F. I. R. was lodged by Rajesh Kumar Gupta as Crime No. 822-A of 2002 against Manoj Kumar Agarwal @ Chinni Babu as the murderer. According to this F. I. R. on 27-4- 2002 at 8. 45 p. m. informant Rajesh Kumar Gupta accompanied by Sarvesh Kumar, Vikas Gupta and Kadegiri had gone on a business trip to Bareilly. When they were returning to their house on 27-4-2002 at 8. 45 p. m. then accused Manoj Kumar Agarwal @ Chinni Babu gave a call to them on which prosecution party stopped. Manoj Kumar Agarwal @ Chinni Babu shot Sarvesh Kumar from his licensee revolver uttering that he had taught a lesson for demanding money. Sarvesh Kumar fell down after sustaining gun shot injury who was carried to Sheel Hospital immediately where he was declared dead. The cause of this murder was a business rivalry. The first informant Rajesh Kumar Gupta lodged the F. I. R. on 28-4-2002 at 7. 30 a. m. at P. S. Kotwali, District Bareilly under Section 302 I. P. C. against Manoj Kumar Agarwal @ Chinni Babu, which was registered as a cross case. The investigation of Crime No. 822-A of 2002 has got a checkered history as during the investigation of this Crime No. 822-A of 2002 lodged by Rajesh Kumar Gupta, (revisionist in the above two revisions) and the applicant in the above Criminal Misc. Application, the police was endeavouring to file a final report, consequently, the informant, Rajesh Kumar Gupta and his witnesses Kadegiri and Vikas Gupta gave affidavits to the higher police officers. However, it transpire that the investigation of the said offence was transferred from Bareilly to Pilibhit. It was subsequently re-transferred to P. S. Kotwali, District Bareilly and then was finally handed over to SIS, Bareilly. The checkered transfer of investigation from one police station and other police station generated a feeling to insecurity in the minds of the informant Rajesh Kumar Gupta, consequently, during the pendency of investigation, he filed a Complaint Case No. 7996 of 2002 before the Chief Judicial Magistrate. In his complaint, the complainant examined himself, under Section 200 Cr. P. C. that very day and his witnesses Vikas Gupta and Kadegiri under Section 202 Cr. P. C. on 28-10-2002 and 1-11-2002. He also filed an application for summoning the post- mortem report etc. relating to the deceased. The C. J. M. , Bareilly vide his order dated 17- 1-2003 summoned the accused Manoj Kumar Agarwal @ Chinni Babu under Section 302 I. P. C. and fixed 19-11- 2003 for his appearance before him. In the summoning order, C. J. M. , Bareilly has specifically mentioned that besides the statements under Sections 200 and 202 Cr. P. C. , the complainant had filed the inquest report, copy of chik F. I. R. , medical examination report, post-mortem report and certified copy of the written F. I. R. etc. C. J. M. Bareilly has also observed that the police had wrongly filed final report in the said Crime No. 822-A of 2002 lodged by the applicant Rajesh Kumar Gupta.
(3.) AGGRIEVED by the aforesaid summoning order dated 15-1-2003/17- 10-2003 accused Manoj Kumar Agarwal @ Chinni Babu preferred two separate criminal revisions, being Criminal Revision No. 423 of 2003 by which he was summoned by C. J. M. vide his order dated 15-10-2003/17-10-2003 and another Criminal Revision No. 12 of 2004 against rejection of final report filed by the police before Sessions Judge, Bareilly. Both the aforesaid revisions filed by the accused Manoj Kumar Agarwal @ Chinni Babu were allowed by Sessions Judge, Bareilly vide his impugned order dated 20-7-2004, consequently, the informant/complainant has filed two revisions in this Court being Criminal Revision No. 3735 of 2005 by which the lower Revisional Court has set aside the order of C. J. M. , Bareilly rejecting the final report and remanded the matter back to C. J. M. Bareilly and another Criminal Revision No. 3736 of 2005 by which lower Revisional Court/additional Sessions Judge, Court No. 3, Bareilly had set aside the summoning order of the accused dated 15-10-2003/17-10- 2003 for offence under Section 302 I. P. C. The informant also filed a Criminal Misc. Application No. 4133 of 2006 on 18-4-2006 by which he had prayed for setting aside the order dated 27-3- 2006 by which in the connected S. T. No. 1100 of 2002, State v. Anil Kumar Kashyap and Ors. , under Sections 302, 394 and 411 I. P. C. started on the F. I. R. of Manoj Kumar Agarwal @ Chinni Babu against Anil Kumar Kashyap and others relating to Crime No. 822 of 2002, the prayer for summoning of the documents of Crime No. 822-A of 2002 was rejected by the trial Judge. On such facts, I have heard Sri Viresh Mishra, learned Senior Counsel for the revisionist assisted by Rajesh Kumar Gupta and Sri D. S. Mishra as well as Sri Rajesh Kumar Srivastava, learned Counsel for the accused Manoj Kumar Agarwal @ Chinni Babu at a great length and have gone through the entire record of the three petitions.;