VISHWANATH UPADHYAY Vs. STATE OF U P

JUDGEMENT

(1.) This petition was connected by order dated 16.10.2006 along with the Criminal Misc. Application No. 8782 of 2005.

(2.) The instant 482 Cr. P. C. petition has been filed by the applicants with a prayer for quashing for challenging the order dated 15.9.2006, passed by the learned Additional Sessions Judge/Fast Track Court No. 5, Deoriain Session Trial No. 113 of 2004, State v. Vishwanath & others, under Sections 307, 323, 324, 504 IPC, PS. Maiel, District Deoria, whereby the application of the applicants dated 10.8.2005 was rejected.

(3.) The factual matrix of the instant case is that a first information report was registered by the opposite party No. 2, Satyadeo Upadhyaya that some altercation took place between Vishwanath Upadhyaya and brothers of the applicants on issue of some partition. The applicant No. l armed with knife and, Amit Upadhyaya and his son armed with spear and two others Radheyshyam and Rakesh had attacked upon him on account of which he had sustained serious injuries. After investigation the first information report culminated into charge-sheet, which was submitted by H. C. P. Ramdhir Singh on 22.6.2002. The applicants moved an application that the Investigating Officer was not authorised to investigate the case who had submitted the charge-sheet, whereby the cognizance has been taken against the applicants.