LAWS(ALL)-2020-12-43

BRIJESH KUMAR Vs. STATE OF U.P.

Decided On December 15, 2020
BRIJESH KUMAR Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard learned counsel for the applicant; learned counsel for the opposite party no. 2 and; learned A.G.A. for the State.

(2.) The present 482 Cr.P.C. application has been filed to quash the order dated 04.03.2020 passed by learned Additional Sessions Judge, FTC, Room No.1, Mau in S.T. No.207 of 2017 (State Vs. Subhash and others) arising out of Case Crime No.234 of 2017, under Sections 302 and 307 I.P.C., P.S. Mohammadabad, District Mau framing of charges only to extent Section 307 I.P.C.

(3.) Learned counsel for the applicant submits that no offence under Section 307 I.P.C. is made out against the applicant and framing of charge under Section 302 and 307 I.P.C. is without any material on record. He further submitted that as per F.I.R. and material on record, no prima facie case or offence under Section 307 I.P.C. has been made out against the applicant and without any evidence on record and medical evidence, framing of charge under Section 307 I.P.C. is totally illegal and against the evidence on record.