AFR

Reserved on 15.11.2022

Delivered on 01.12.2022

Court No. - 84

Case :- APPLICATION U/S 482 No. - 7151 of 2022

Applicant :- Madan Pal Singh

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Santosh Kumar Rai,Sr. Advocate

Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Shyam Shamshery,J.

1.

In order to consider rival submissions, it is necessary to place brief

facts of the case on record.

2.

On 02.12.1999 a police party intercepted three persons in a routine

patrolling duty and after exchange of firing two persons were

apprehended but one person managed to run away. Said two injured-

accused were arrested and three FIRs were lodged being Case Crime No.

228 of 1999, under Section 307 IPC and Case Crime No. 229 of 1999 as

well as Case Crime No. 230 of 1999, under Section 25 Arms Act, Police

Station Roza, District Shahjahanpur and accused Yaqub alias Gulam

Khwaja and Arish were remanded to police custody. They were admitted

in hospital and were under treatment and on advice of Doctors one of the

accused, Yaqub when on the way to Spinal Surgery Unit of KGMC,

Lucknow died on 04.12.1999. Post mortem was conducted wherein five

injuries were found on his