AZEEM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sanjay Kumar Yadav, learned counsel for the applicant and Sri L.D. Rajbhar, the learned A.G.A.

(2.) The present 482 CrPC application has been preferred by the applicants herein for quashing of the charge sheet dtd. 4/6/2021 in Case Crime No. 258 of 2021, under Ss. 323, 308, 504, 506, 324 IPC, P.S. Najibabad, District Bijnor, pending in the Court of Chief Judicial Magistrate, Bijnor.

(3.) Brief facts of the case necessary of the adjudication of the controversy in question is to the effect that Shamim Ahmad (O.P. no.2) son of Khalil Ahmad lodged an FIR in Case Crime no. 258 of 2021, under Ss. 323, 308, 504, 506, 324 IPC, P.S. Najibabad, District Bijnor, with an allegation that on 23/5/2021 at about 7:30 P.M, the wife of O.P. no.2 being Smt. Guleshadab was sweeping the road, the said act of the wife of O.P. no.2 furiated one Sri Sharif son of Bundu and Shahbad son of Sharif Ahmad and their cousin brother Azeem and Fazil sons of Shameem Ahmad, resident of Mauzzampur Tulsi, P.S. Nazibabad, Bijnor, who are before this Court and they abused the wife of O.P. no.2 by using filthy language. When the wife of O.P. no.2 resisted, she was beaten and on hearing her screaming, the younger brother of O.P. no.2 being Mohd. Zeeshan along with his father Kaleem Ahmad came to rescue the wife of O.P. no.2, then again filthy language as well as abuse was administered to the wife of O.P. no.2 and the said act did not come to an end, but the wife of O.P. no.2 was also beaten by the aforesaid accused and in the meantime, Shahbad ran to his house and thereafter brought spade (fawda) and thereafter he hit on the head of Mohammad Zeeshan, who received injuries on his head and fell on the ground. Thereafter, the aforesaid accused also threatened and ran away, with the help of by persons present, Zeeshan, who was in unconscious state was taken to Puja Hospital, Najibabad, wherein it was reflected in the FIR that he was in a serious condition.