RAHUL KUMAR GAUR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Jitendra Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

(2.) The present application under Section 482 Cr.P.C. has been filed by the applicant for quashing the order dated 1.2.2020 passed by the Additional Sessions Judge, Court No. 11, Aligarh passed in Criminal Revision No. 200 of 2018 (Rahul Sharma Vs. State of U.P. and another) and the summoning order dated 19.9.2016 under Sections 302/120B IPC as well as the proceedings of Complaint Case No. 194/12 of 2015, New No. 16705 of 2016, (Dharmveer Vs. Rahul and others) pending before the Chief Judicial Magistrate, Aligarh, District Aligarh.

(3.) Brief facts of the case as per the petition are that on 19.10.2013 the applicant and his brother, Naresh Chand were coming to home on Motor Cycle. They were assaulted by the son of opposite party no.2 and his grandsons, causing injury to them due to which Naresh Chand died. The applicant's father lodged an F.I.R. on 20.10.2013 registered as Case Crime No. 1333 of 2013 under Sections 302, 120B IPC, Police Station Kwarsi, District Aligarh. The investigating officer submitted the charge sheet against the son of opposite party no.2 and his granddaughter on 9.1.2014 where upon Additional Session Judge, Court No.9, Aligarh took cognizance and charges were framed on 16.5.2015.