SHIVAM AWASTHI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Manish Tiwari, learned Senior Advocate assisted by Sri Irshad Husain, learned Advocate, in support of this application, Sri Anurag Shukla, learned counsel for the opposite party No. 2 as well as Sri Aniruddha Sharma, learned A.G.A. for the State opposite parties and perused the record.

(2.) The present application preferred under Sec. 482 Cr.P.C., has been filed with a prayer to quash the impugned order dtd. 21/9/2021 and 23/9/2021 passed in Session Trial No. 81 of 2021 (State of Uttar Pradesh Vs. Kamlesh Pathak and Others), arising out of Case Crime No. 189 of 2020, under Ss. 147, 148, 149, 302, 307, 506 I.P.C. and Sec. 7 of the Criminal Law Amendment Act, Police Station - Auraiya, District Auraiya, pending in the court of Additional District and Session Judge, Court No. 2, Auraiya, with a further prayer to stay the further proceedings of aforesaid case.

(3.) An F.I.R. in Case Crime No. 189 of 2020 alleging offences under Ss. 147, 148, 149, 302, 307, 506 I.P.C. and Sec. 7 of the Criminal Law Amendment Act, was lodged at Police Station - Auraiya, District Auraiya on 15/3/2020 at 17:17 hours by Ashish Kumar. The said F.I.R. was lodged by Ashish Kumar, the brother of the deceased, making allegation that there was a dispute existing between Samajwadi Party M.L.C. Kamlesh Pathak and the first informant owing to possession over a temple situate in the locality of the first informant. On the alleged date the accused persons named in the first information report, arrived at the 2place of occurrence and started firing indiscriminately, as a result of which Manjul Chaubey, Km. Sudha Chaubey, died on spot.