RAKESH KUMAR SHUKLA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri. Ashok Kumar Dwivedi, learned Counsel for the Applicant and learned AGA for the State-respondents.

(2.) By means of the present application under Section 482 of the Criminal Procedure Code the applicant has prayed for quashing of the charge sheet dated 18.01.2007 in Criminal Case No. 305 of 2007 (State vs. Rakesh Kumar Shukla) under Sections 504 and 506 IPC, Police Station Kotwali Nagar, District Banda, pending in the Court of Chief Judicial Magistrate, Banda, which has been instituted by an application under Section 156 (3) Cr.P.C., filed on 25-11-2006 by the opposite party number 2.

(3.) The accused-applicant and the informant-opposite party no.2 are neighbors. The applicant lives in House No. B-81 whereas the informant lives in House No. B-82, Awas Vikas Colony, P.S. Kotwali, District-Banda. The informant/respondent no.2 had filed an application under Section 156 (3) Cr.P.C. against the applicant alleging that the applicant had fired at him with the intention to kill him and when several persons from the locality gathered there, he went away threatening to kill the informant. In furtherance of the aforesaid application, a First Information Report was lodged. The applicant had filed Criminal Misc. Application No. 15344 of 2006 and on 27.11.2006, this Court passed the following order: