GAURAV @ NILWA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) These criminal miscellaneous applications under Section 482 Cr.P.C. have been filed for quashing of the order dated 05.06.2015 passed by Ist Additional Sessions Judge, Dehradun. The said order was passed in exercise of powers under Section 319 Cr.P.C. on an application filed by the prosecution, whereby the applicants were summoned to face trial for an offence punishable under Section 302 read with Section 34 IPC.

(2.) The facts leading to the present applications in a nutshell are as under:-

(3.) During trial, Mr. Tarun Kumar (complainant) was examined as PW-1. In his examination-in-chief, Mr. Tarun Kumar categorically stated that all the six persons named in the FIR had beaten up his brother Nitin and further that applicants had surrounded his brother Nitin when Manoj stabbed him in his chest. In cross examination also, he reiterated that he had named all the six persons in the FIR.