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2023 Supreme(All) 955

IN THE HIGH COURT OF ALLAHABAD
MANJU RANI CHAUHAN, J.
Jaypal and Another – Appellants
Versus
State of U.P. and Another – Respondents
Application U/s 482 No. 12016 of 2023
Decided On : 25-04-2023

Advocates:
Advocate Appeared:
For the Appellant : Rajat Kumar Shukla.

Headnote:

Constitution of India, 1949 - Article 21 -Indian Penal Code, 1860 - Sections 302, 120B - Criminal Procedure Code, 1973 - Section 482, 66, 62, 82, 83 - Offence of Murder - Criminal conspiracy - Protection of life and personal liberty - Held, Learned counsel applicants regarding Magistrate having no right to issue bailable warrants or non-bailable warrants or proclamation attachment without sufficient service - Court finds that initially summoning order against which criminal revision has been filed by applicants which has been rejected vide - Case applicants were well aware of summoning order and non-bailable warrant issued against applicants were dishonestly or fraudulently avoiding appearance before court below - Court concerned has no other option but to issue non-bailable warrants proceedings under no illegality or infirmity orders impugned - Application dismissed.

JUDGMENT :

MANJU RANI CHAUHAN, J.

1. Heard Mr. Rajak Kumar Shukla, learned counsel for the applicants and Mr. K.P. Pathak, learned AGA for the State.

2. This application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned orders dated 15.03.2023, 16.02.2023, 16.01.2023, 14.10.2022, 05.09.2022, 25.08.2022, 15.07.2022, 09.06.2022 passed by learned Chief Judicial Magistrate, Firozabad in Criminal Case No. 2685 of 2019 (State vs. Jaypal Singh and Others), arising out of Case Crime No. 528 of 2017, under Sections 302, 120B IPC, Police Station-Shikohabad, District-Firozabad, pending before the Court of Chief Judicial Magistrate, Firozabad.

3. The factual matrix of the case is that:

    (i) An FIR was lodged by the opposite party no. 2 on 16.07.2017 at about 13:10 hrs. against the applicants and 5 other accused persons under Section 302 IPC, which came to be registered as Case Crime No. 0528 of 2017 with the allegations that the opposite party no. 2, Geetam Singh was presently residing in the house of K.K. Yadav alongwith his son Raghvendra Singh. His son was having some dispute with his wife Kavita. On 04.06.2017 at about 08:00 a.m., the informant went to his office and his son Raghvendra was alone in the house, the landlord and others had gone to take bath, at about 11:50 hrs., on the occasion of Ganga Dussehra, the informant received a phone call from Kavita (his daughter-in-law), who inquired whereabouts of Raghvendra. She also stated that despite repeated calls, her phone call was not being received by Raghvendra. She also requested the informant to go there and find out about the same. On receiving such information, the informant tried to call Raghvendra, but his phone call was not picked up and, thereafter, he with his government vehicle and other police personnels, i.e. Constables Anil Kumar, Virendra Singh and driver Anand went at his rented house and saw that his son was lying on his knees on the ground having a plastic rope around his neck. The informant and others immediately opened the noose and he took his son to the government hospital, Shikohabad, where he was declared dead by the doctors. The informant was in a state of shock, filled the Panchayatnama and the postmortem of the deceased Raghvendra was conducted. In the postmortem report, the cause of death was due to strangulation. Thereafter, the dead body of the deceased was brought by the informant to Mathura and after last rites and other ceremonies were performed, Jeetu s/o Bachchoo Singh, resident of Vill-Navali, Mathura told the informant that on 13.04.2017, Jaypal and Naresh came on motorcycle and took him alongwith them to inlaws house of Raghvendra. There Raghvendra’s wife, Kavita and his father; Deshraj, his brother; Monu and Kavita’s brother-in-law; Jeetendra, sister; Meena were present. Thereafter, Kavita said that she wants to teach a lesson to Raghvendra and taking assistance of Jaypal and Naresh, she will finally succeed in doing so. They accordingly, planned for the same. Jeetu requested the aforesaid persons not to do any such thing as Raghvendra was his brother-in-law (sala). Jeetu was threatened for life by Jaypal stating that in case he informs the aforesaid plan to someone, he be ready to face dire consequences.

(ii) On 02.06.2017, Jaypal alongwith Pushplata (informant’s daughter) came to village Pali Kheda and on 04.06.2017, Jaypal and Naresh left their house at 07:00 a.m. in the morning, stating that they were going to the market for some work and will come back at 04:00 p.m. When they came, their face was covered with clothes and they were terrified. They told the informant’s daughter that his brother; Raghvendra wants to meet her. The aforesaid facts were told by Pushplata to the informant and on the basis of the aforesaid information, he was fully confident that his son Raghvendra has been murdered by Jaypal, Naresh, Kavita, Monu, Deshraj, Jeetendra and Meena. Hence, the present F.I.R. was lodged.

(iii) During investigation,

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