OM PRAKASH MAURYA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A. for the State.

(2.) In view of the order proposed to be passed, notice to the opposite party no.2 is dispensed with. The instant application under Sec. 482 Cr.P.C. has been filed for quashing the impugned order dtd. 29/8/2022 passed by learned Additional Sessions Judge-7, Sultanpur, whereby the application of the applicant under Sec. 227 Cr.P.C. bearing No.8Kha has been rejected in Sessions Trial No.707/2021 "State vs. Om Prakash Maurya and others" in F.I.R. No.424 of 2020, under Ss. 323, 324, 504, 506, 308, 304 I.P.C., Police Station Jamo, District Amethi.

(3.) It is submitted by learned counsel for the applicant that false first information report came to be lodged against the applicant inter alia stating therein that he along with other accused persons assaulted the injured person and thereafter they fled away from the spot. His further submission is that in fact, due to some injuries in his leg, the applicant was operated and a steel plate was filled in his leg, due to which, he was unable to move swiftly. Therefore, this fact itself belies the entire prosecution story that the applicant after allegedly assaulting the deceased ran away from the spot. The learned trial Court failed to appreciate this material aspect of the matter and wrongly held that there was enough material available on record to frame charge. Even otherwise, no material could be collected during investigation which warrants framing of charge against the applicant.