Chandra Sheikhar Tiwari vs State of U.P. and others

Ashwani Kumar Singh, J.

Heard learned Counsel for the applicant, learned State Counsel and Sri B.K. Tripathi, learned Counsel for the complainant.

This petition under section 482 Cr. P.C. is preferred with a prayer to quash the order dated 26.7.2007 passed by Chief Judicial Magistrate, Kusi Nagar and also the proceedings in Case No. 2067 of 2007 (State v. Vinod Tiwari) under section 302 I.P.C., P.S. Ahirauli Bazar, District Kushi Nagar, pending in the Court of Chief Judicial Magistrate, Kusi Nagar.

Learned Counsel for the applicant vehemently contended that there is no evidence on record to reveal the complicity of applicant. The applicant is not named in the first information report. It is further contended that name of the applicant also does not find place in the statement of the complainant recorded under section 161 Cr. P.C. Learned Counsel submitted that the petitioner''s name came to light after about oneandahalf months of the incident.

Per contra, the learned State Counsel and learned Counsel for the complainant state that there is ample evidence on record to show the complicity of the accused applicant in the present crime.

I have considered the submissions made by learned Counsel for the parties and gone through the record.

It may be noted that it is not necessary that since the applicant was not named in the first information report and neither his name came to light in the statement of the complainant recorded under section 161 Cr. P.C., as such, his complicity can be doubted only on the ground that his name came to light after about oneanda half month. It is for the Trial Court to appreciate evidence collected by the investigating agency and to consider its reliability during the course of trial. It shall not be proper to evaluate and appreciate the evidence, at this stage, in this petition filed under section 482 Cr. P.C.

In the facts and circumstance of the case, I am of the view that no interference is called for in the present petition under section 482 Cr. P.C. to quash the order dated 26.7.2007 passed by Chief Judicial Magistrate, Kushi Nagar and the proceedings in Case No. 2067 of 2007 (State v. Vinod Tiwari) under section 302 I.P.C., P.S. Ahirauli Bazar, District Kushi Nagar, pending in the Court of Chief Judicial Magistrate, Kusi Nagar. The petition is liabie to be dismissed. It is accordingly dismissed.

However, it is provided that if the applicant appears before the Court concerned within a month from today and applies for bail, the Court concerned shall consider and decide the same expeditiously, in accordance with law.