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2008 Supreme(All) 998

VINOD PRASAD, AJAI KUMAR SINGH
OMVEER – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Vidya Prakash Singh and Manish Tiwary for the Petitioner; Desh Ratan Chaudhary, A.G.A. for the Respondents.

JUDGMENT

Hon’ble Vinod Prasad, J.—Petitioner Omveer is the first informant of FIR of Crime No. 302 of 2007, under Sections 302, 307, IPC, police station Bisrakh, District Gautam Budh Nagar. The said FIR was lodged on 2-12-2007 at 4.30 p.m. in respect of a murder executed on the same day at 1.45 p.m. The malefactors named in the FIR are Charan Singh, Sunder, Vijendra and Hoshiyar Singh. Luxman had died in the said incident whereas Yogendra had sustained serious injuries.

2. Registration of FIR engineered the investigation. Two of the accused Charan Singh and Sunder preferred Criminal Miscellaneous Writ Petition No. 2405 of 2008 for quashing of the said FIR and stay of their arrest and the matter to be get investigated by C.B.I. The said writ petition came up before us, which was dismissed on 28-2-2008 by observing that the charge-sheet has already been submitted and hence, the writ petition had become infructuous.

3. According to the case of the present petitioner, the aforesaid two accused, namely, Charan Singh and Sunder are influential persons and they, by using economic force, had earlier got the investigation transferred from police station Bisrakh to police station Kotwali Dadri















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