Court No. - 18 Case :- U/S 482/378/407 No. - 896 of 2007 Petitioner :- Ram Kishore Dixit Respondent :- State Of U.P.Through Secretary Home,Civil Sectt,Lko.& Anothe Petitioner Counsel :- Amarjeet Singh Rakhra Respondent Counsel :- Govt.Advocate Hon'ble S.N.H. Zaidi,J.
Counter-affidavit filed on behalf of opposite party no.1 and supplementary-
affidavit filed by the petitioner in Court are taken on record.
None is present for opposite party no.2 despite personal service of notice upon
her.
By means of this petition filed under section 482 Cr.P.C., the petitioner has
invoked the inherent jurisdiction of this Court with a prayer to quash the
proceedings of Criminal Case No.742 of 2007, State vs. Manoj Dixit and
another, pending in the Court of Chief Judicial Magistrate, Barabanki as well
as certain orders passed therein by the Magistrate.
Learned counsel for the petitioner pointed out that, as per prosecution case,
complainant’s elder son-in-law Manoj Dixit had come to her house on a
motorcycle along with her father (the petitioner) who was carrying his
licenced gun. At the time of returning from there, the petitioner handed over
his gun to his son Manoj Dixit. At this Chandra Shekhar alias Bachchan
Misra, the husband of the complainant asked the petitioner as to why he gave
his gun to his son. Manoj Dixit got infuriated by this and fired at the husband
of the complainant, who died on the spot.
It is further pointed out that the petitioner was initially made an accused of
committing the offence of section 30 of the Arms Act for which he appeared
before the concerned Court and obtained bail, but after the investigation,
charge-sheet under section 302 read with section 34 I.P.C. has been filed
against him alongwith his son Manoj Dixit.
Learned counsel for the petitioner submitted that no offence is disclosed
against the petitioner from the facts and circumstances of the case. He also
submitted that neither in the F.I.R. nor in the statement of the eye witnesses
there is any allegation against the petitioner which could constitute any
offence. It is further pointed out that as the proceedings of the concerned case
were stayed against the petitioner vide order dated 02.04.2007 of this Court,
therefore, the case proceeded against co-accused Manoj Dixit and in the
concerned S.T.No.253 of 2007 none of the eye witnesses of the incident
supported the prosecution case and the trial court acquitted him, vide
judgment 23.07.2007 (Annexure no.S.A-1).
Learned A.G.A. could not show any incriminating circumstance/evidence
against the petitioner which could show his complicity in the incident of death
of the complainant’s husband.
In view of the circumstances pointed out above, I am of the considered view
that as there is no evidence which could disclose any prima facie case against
the petitioner, his trial in the concerned proceedings would amount to his
harassment and persecution. Therefore, in order to prevent the abuse of
process of the court as well as to substantiate the justice, it is a fit case for
quashing the proceedings of the concerned case in exercise of the inherent
powers of this Court.
The petition is, therefore, allowed and the proceedings of Criminal Case
No.742 of 2007, State vs. Manoj Dixit and another, pending in the Court of
Chief Judicial Magistrate, Barabanki, so far as it relates to the petitioner, are
hereby quashed.
Order Date :- 26.7.2010
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