RAIS AHMAD Vs. STATE OF U.P.
LAWS(ALL)-2017-2-214
HIGH COURT OF ALLAHABAD
Decided on February 10,2017

RAIS AHMAD Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

PRADEEP KUMAR SINGH BAGHEL, J. - (1.) The petitioner has preferred this writ petition under Article 227 of the Constitution of India aggrieved by the order dated 29th August, 2014 passed by the Judicial Magistrate, Aligarh in Complaint Case No. 3052 of 2012, Rais Ahmad v. Shakir and others, and the judgment and order dated 27th March, 2015 passed by the Additional Sessions Judge, Aligarh dismissing Criminal Revision No. 901 of 2014 filed by the petitioner against the aforesaid order of the Judicial Magistrate.
(2.) The relief sought for by the petitioner in the instant writ petition reads as under: "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to set aside the order dated 29.8.2014 passed by Judicial Magistrate, Court No. 4, Aligarh in Complaint Case No. 3052 of 2012, Rais Ahmad v. Sakir and others, and judgment/order dated 27.3.2015 passed by Additional Sessions Judge, Court No. 6, Aligarh in Criminal Revision No. 901 of 2014, Rais Ahmad v. State of U.P. and others, insofar as not summoning the accused opposite party no. 2 to 12 for the offence under section 195A, IPC (Annexure No. 1 and 2 respectively to this petition) and to direct the Courts below to summon the accused-respondent no. 2 to 12 in all the appropriate sections, and/or to pass any such other and further interim order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
(3.) Briefly stated the facts are that the petitioner filed a complaint case under Section 156 (3) Cr.P.C., wherein he prayed that a criminal case be registered against the respondent nos. 2 to 12 under Sections 195A and 506 I.P.C. on the ground that the respondent nos. 2 to 12 had kidnapped a close relative (Mamera brother) of the petitioner, namely, Kamal on 24/25 October, 2009 and murdered him. With regard to the said incident a first information report was lodged against the accused-respondent nos. 2 to 12 at Police Station Shasni Gate, District Aligarh which was registered as Case Crime No. 694 of 2009, under Sections 364, 302, 334, 201 I.P.C. In the said criminal case, after investigation a charge-sheet was submitted against the accused persons for the offence under Sections 364, 302, 201/34 I.P.C., and the trial is pending being S.T. No. 502 of 2010, State v. Shakil and others, in the Court of Additional Sessions Judge, Aligarh. In the said trial all the accused have been enlarged on bail by the High Court.;


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