NISHANT Vs. STATE OF U.P. AND ANOTHER

JUDGEMENT

(1.) Heard Mr. Sunil Kumar Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

(2.) This application u/s 482 Cr.P.C . has been filed to quash the charge sheet dated 06.04.2018 as well as Non Bailable Warrant dated 29.02.2020 passed in Special S.T. No.321/2020 (State Vs. Nishant), under Sections 147 , 148 , 352 , 323 , 325 I.P.C. and 3(1)(Da) and 3(1)(Dha) of SC/ ST Act , Police Station-Shahibabad, District-Ghaziabad, pending before the court of Special Judge, (S.C./ S.T. Act ), Ghaziabad.

(3.) Brief facts of the case are that on 27.08.2017, when the opposite party no.2 was established tower on his home after granting permission of Tower Company. The accused persons, namely, Kalloo, Shatrughan, Devendra Chaudhary, Manveer Singh, Sunny Chauhan and Braj Kishor, having with arms, were entered into the house of opposite party no.2 and started beating to the opposite party no.2 and his sons. The accused Kalloo was fired upon them but they escaped any how and thereafter, when the Police came, they fled away.