VED PRAKASH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This application under Section 482, Cr.P.C. has been filed for quashing the order dated 23-8-2002 passed by Additional District and Sessions Judge, Fast Track Court No. 4, Saharanpur in Criminal Revision No. 255 of 2002 and order dated 17-4-2002 passed by Judicial Magistrate, Deoband district Saharanpur in Criminal Case No. 346 of 2002.

(2.) The facts giving rise to this application briefly put are that Shiv Kumar, opposite party No. 2 lodged a report on 10-1-2001 at P. S. Deoband, district Saharanpur against the applicant and six other persons with the allegations that on 10-1-2001 at about 9 a.m. he came out of his house for sending his son Rajan to school and observed that the applicant and other co-accused armed with country made pistols and lathi dandas came to his house and observing him they fired on him by guns and country made pistol. However, he was saved and did not sustain injuries, but his son Rajan sustained pellet injuries. Hearing sound of firing his brother Brahma Pal and Om Pal came out of their house and the applicant and other co-accused attacked on them and caused injuries with lathi danda. The occurrence was witnessed by several persons.

(3.) On the basis of above report, a case at crime No. 15 of 2001 was registered under Sections 147, 148, 149, 323, 307 IPC against the applicant and 7 other persons. After investigation, the police submitted charge-sheet against 7 persons and the applicant was not challaned.