JUDGMENT :

Arun Kumar Jha, J.

Both the writ petitions arise out of orders passed by the learned Additional Chief Judicial Magistrate-I, Benipatti in G.R. No. 200 of 2021 in connection with Benipatti P.S. Case No. 67 of 2021 and hence, both the petitions have been taken up together for disposal.

02. Criminal Writ Petition No. 343 of 2022 has been filed for quashing of the order dated 06.04.2021 passed in G.R. No. 200 of 2021 by learned Additional Chief Judicial Magistrate-I, Benipatti against the petitioner and others ordering for issuance of warrant, proclamation and attachment of properties of the petitioner in connection with Benipatti P.S. Case No. 67 of 2021, dated 29.03.2021 for the offences under Sections 147, 148, 149, 341, 323, 324, 325, 326, 307, 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act.

03. Criminal Writ Petition No. 374 of 2022 has been filed for quashing of the order dated 01.04.2021 passed in G.R. No. 200 of 2021 by learned Additional Chief Judicial Magistrate-I, Benipatti against the petitioner and others ordering for issuance of warrant, proclamation and attachment of properties of the petitioner in connection with Benipatti P.S. Case No. 67 of 2021, dated 29.03.2021 for the offences under Sections 147, 148, 149, 341, 323, 324, 325, 326, 307, 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act.

04. Briefly stated, the facts of the case, as could be culled out from the record, are that Benipatti P.S. Case No. 67 of 2021 was instituted on the basis of fardbeyan of informant Ram Narayan Singh for an occurrence which took place at around 1.00 PM on 29.03.2021. In the fardbeyan, the informant stated about hearing gun shot and commotion nearby his place and when he reached the place he found the petitioners as well as a number of co-accused persons, who were variously armed with firearms and other weapons and they assaulted the son and nephews of the informant killing them on the spot and seriously injuring three family members of the informant. The petitioners and 25 other persons have been named as assailants. It further transpires that subsequently two other injured persons succumbed to their injuries during treatment. Altogether 35 persons have been named in the FIR along with 10-12 unknown persons. Thus, FIR was instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 325, 326, 307, 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act. It further transpires from the record that the police filed requisitions before learned Additional Chief Judicial Magistrate- I, Benipatti on 31.03.2021 and 06.04.2021, respectively for issuance of warrant, proclamation and attachment of property of the petitioners under the provisions of Sections 82 and 83 of the Code of Criminal Procedure (hereinafter the ‘CrPC’). Acting upon the requisitions, the learned Additional Chief Judicial Magistrate-I, Benipatti allowed the requisitions and ordered for issuance of arrest warrant, proclamation and warrant for attachment simultaneously. These orders are under challenge before this Court.

05. Learned senior counsel, Mr. Anand Kumar Ojha, appearing on behalf of the petitioners submitted that the impugned orders are completely illegal. Learned senior counsel further submitted that the petitioners are innocent and have been falsely implicated in this case at the instance of their political rivals. They have no involvement in the whole occurrence. Petitioner Musafir Singh is an old person aged 82 years, who had been sleeping in his house when the occurrence is stated to have taken place. Petitioner Kaushik Singh @ Santosh Singh is son of petitioner Musafir Singh. The allegation against the petitioners and even other co-accused persons is not believable for the reason that the occurrence took place on the day of festival of Holi and being covered with colour and mud, identity of the any person, that too, from 100-500 meters was simply not believable. But informant named the a