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Judgment
Shri Narayan Shukla, J.—Heard Mr. Manoj Kumar Misra, learned Counsel for the petitioner and Mr. R.K. Dwivedi, learned A.G.A.
The petitioner has prayed for quashing the proceedings of Case No. 117/07 arising but of case crime No. 10/06 under sections 147, 427 IPC and 7 Criminal Law Amendment Act, P.S. Chowk District Lucknow pending in the Court of Additional Chief Judicial Magistrate 1st, Lucknow on the ground that other accused who were tried have been released by the Trial Court for the reasons that all the eye witnesses produced by the prosecution stated that they could not identify any of the person.
After perusal of the judgment and order dated 2.7.2008 passed by the Additional Sessions Judge/FTC, Court No. 3, Lucknow, I find the statement of the learned Counsel for the petitioner as correct as all the witnesses produced for evidence have stated that they could not identify any of the accused.
The First Information Report is on record in which the petitioner is not named and during the course of trial his name has come in light for commission of offence. Therefore, I am of the view that the petitioner is equally entitled to the benefits of the order dated 2.7.2008 passed by the Additional Sessions Judge/FTC, Court No. 3, Lucknow as once coaccused has been acquitted on the same set of fact, there is no possibility of conviction of the petitioner.
Accordingly, I hereby quash the proceedings of Case No. 117/07 arising out of case crime No. 10/06 under sections 147, 427 IPC and 7 Criminal Law Amendment Act, P.S. Chowk District Lucknow pending in the Court of Additional Chief Judicial Magistrate 1st, Lucknow.
The petition is allowed.