TMI Blog2004 (12) TMI 665X X X X Extracts X X X X X X X X Extracts X X X X ..... rt, the respondent was discharged from the criminal case filed against him. The facts in short are as follows. Respondent Akhilesh Singh was one of the accused in a criminal case registered under Section 120-B read with Section 302 and Section 109 of the Indian Penal Code. Charges were framed against him and he filed a petition under Section 482 of the Criminal Procedure Code before the High Court. The learned Single Judge quashed the charges framed against the respondent. The allegation against the respondent was that he entered into a conspiracy with another accused Dr. Sanjay Singh and in furtherance of the common object of the conspiracy joined hands with other accused to cause the murder of one Syed Modi on 28th July, 1988. Decea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alleged that the marriage between Syed Modi and Amita Kulkarni was solemnized in 1988 at the residence of Dr. Sanjay Singh. It is alleged that even after the marriage, Amita Kulkarni continued to have her meetings with Dr. Sanjay Singh and deceased Syed Modi used to raise objections and there were frequent quarrels between Syed Modi and his wife. It is alleged that Dr. Sanjay Singh was informed of these developments and he wanted to do away with Syed Modi. He took the assistance of the respondent, Akhilesh Singh, who had criminal antecedents and was involved in several criminal cases, including murder. The respondent was alleged to have association with other accused, namely, Amar Bahadur Singh, Balai Singh, Jitendra Singh @ Tinku. After mi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7.1.1994. Therefore, the very basis of the alleged conspiracy by the respondent with Dr. Sanjay Singh lost its substratum. Admittedly, the respondent was not present at Lucknow when the incident happened. Respondent was implicated in the case on the basis of the alleged conspiracy between himself and the original accused Dr. Sanjay Singh. There is no other material placed before the court to prove the complicity of the respondent. Mr. Ram Jethmalani, learned Senior Advocate appearing on behalf of the respondent drew our attention to the various reasons given by the learned Single Judge for passing the impugned order. There was no direct evidence to show that the respondent had supplied the weapons and rendered assistance to the assailants i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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