OM PRAKASH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri S.N. Singh, learned counsel for the applicants, Sri Arvind Kumar, learned AGA for the State and perused the record of the case.

(2.) By way of present application, applicants made prayer to quash the charge-sheet no. 1 of 2020 dtd. 1/1/2020 as well as cognizance/summoning order dtd. 20/3/2020 and the proceedings of Case No.232 of 2020 (State V.s Om Prakash and another) arising out of Case Crime No. 212 of 2019, under Ss. 323, 504, 506, 308 IPC, Police Station Usrahar, District Etawah pending in the court of Additional Chief Judicial Magistrate-IV, Etawah.

(3.) According to the FIR of the present case, on 9/11/2019 at about 9.00 AM in the morning, applicants assaulted opposite party no.2 and others through wooden sticks while they were working in the field and due to their assault, Ravindra Kumar sustained serious injuries and he was referred to Etawah for treatment. FIR of the present case was lodged on 28/11/2019 under Ss. 323, 504, 506 IPC and during investigation, it revealed that actually two persons sustained injuries, namely Anoop Kumar and Ravindra Kumar and both were medically examined. During investigation, it further revealed that in the incident skull bone of Ravindra Kumar fractured and during investigation, the Investigation Officer also recorded the statements of injured witnesses and other eye witnesses and submitted charge-sheet on 1/1/2020 against the applicants under Ss. 323, 504, 506, 308 IPC. After submission of charge-sheet, court below on 20/3/2020 took the cognizance and issued summons to the applicants.