Naheed Ara Moonis, J. - (1.) Heard the learned counsel for the applicant. learned A.G.A. for the state and have taken through the record.
(2.) The instant petition has been filed by the complainant invoking inherent power of this court to quash the order dated 9.11.2016 passed by the learned Sessions Judge, Aligarh in Criminal Revision No. 68 of 2016 (Lala Ram vs. State of U.P. and others) and the order dated 27.2.2016 passed in Criminal Case No. 94/12/2015 by the Additional Chief Judicial Magistrate-II, Aligarh whereby the protest petition filed by the applicant against the final report dated 27.4.2015 in Case Crime No. 426 of 2014, under Section 304 I.P.C. and Section 3 (2) (V) SC/ST Act, police station Jawan, district Aligarh has been treated as complaint.
(3.) The factual matrix of the case in short conspectus is that the applicant had lodged a missing report of his brother Yogesh, which was registered as Report No. 25 on 22.10.2014 at 11 A.M. On 22.10.2014 an information was given by Kallu at 12.50 P.M. at police station Quarsi that a dead body of unknown person is lying at bypass of Jeevangarh culvert at Krishi Form Anoopshahar. The police of police station Jawan informed the applicant on mobile phone to identify the dead body. The applicant along with his relatives on receiving information reached at Quarsi where the dead body was lying in the mortuary at Quarsi. The post mortem house was closed hence he could not identify the dead body on the same day and on 23.10.2014 he identified the dead body to be of his brother Yogesh. On the same date the post mortem was conducted and thereafter cremation was done at Talib Nagar. On 24.10.2014 the case was registered in respect of the murder of his brother at Police Station Jawan, Aligarh which was registered as Case Crime No. 426 of 2014, under Section 304 I.P.C. and Section 3 (2) (X) SC/ST Act, police station Jawan (State vs. Sachin and others). During the course of investigation the Investigating Officer found that prima facie offence under Section 304-A I.P.C. is made out and since the driver and the vehicle with which the accident had taken place could not be traced out hence submitted the final report No. 36 of 2015. The case was of murder, which has been converted into an accident in connivance of the accused persons when there was clinching evidence that the witnesses who had last seen the deceased in the company of accused persons on 12.10.2014 at 6 P.M. The deceased was having motorcycle, which was recovered four days earlier to the date of accident by the police in respect of which the complainant had given information on 22.10.2014 that it is lying at the police station in good condition and both slippers were found hanging in both the handles of the motorcycle.;