SURENDRA PRATAP PATHAK Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ramakar Shukla, learned counsel for applicant, learned Additional Government Advocate for State and perused the record.

(2.) The instant application has been filed by the applicant with a prayer to quash the order dated 3.8.2017, passed by learned Additional Sessions Judge/Fast Track Court No.1, Sultanpur in Criminal Revision No.409 of 2016, Ashok Kumar Singh v. State of U.P. and others, under Sections 323, 325 I.P.C. P.S.Kotwali Dehat, District Sultanpur, whereby the matter has been remanded back to the Magistrate concerned for passing a fresh order in the light of the observations mentioned in the order.

(3.) The brief facts necessary for disposal of this application are that the applicant had lodged a non cognizable report dated 11.2.2011, at 10.15 a.m. against opposite party nos. 2 to 5 under Section 323 I.P.C. pertaining to an incident happened at 8.30 a.m. whereby the opposite party nos.2 to 5 stated to have assaulted the informant with lathis, on the basis of old enmity, whereby he sustained injuries on his head and armed pit. It is also a case of the complaint that he was medically examined on 11.2.2011 at 11.20 a.m. at PHC Bhadaiyan, Sultanpur and X-ray was also performed on 14.2.2011 and fracture of upper part of fibula and lower part of fibula was found.