SUJEET KUMAR VISHWAKARMA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Mr. Raj Kumar Sharma, learned counsel for the applicant and Mr. Amit Singh Chauhan, learned A.G.A. for the State.

(2.) This application u/s 482 Cr.P.C. has been filed by the applicant with prayer to quash the order dtd. 24/11/2021 passed by Additional Sessions Judge, Court No.1, Varanasi in Session Trial No.269 of 2020 (State Vs. Neeraj Vishwakarma and others), arising out of Case Crime No.0517 of 2019, under Sec. 302 I.P.C., Police Station-Sarnath, District-Varanasi as well as entire proceeding, pending before the aforesaid Court.

(3.) Brief facts of the case are that an F.I.R. was lodged on 8/9/2019 at about 11:17 hours for an offence under Sec. 307 I.P.C. at P.S. Sarnath, District Varanasi by opposite party no.2 against one Neeraj Vishwakarma and one unknown person, alleging therein that few days ago, marriage of daughter of first informant was solemnized with one Kranti Vishwakarma but the co-accused namely, Neeraj Vishwakarma was having an affair with his daughter, therefore, she was enticed by Neeraj Vishwakarma. It is also alleged that co-accused Neeraj Vishwakarma, after marrying daughter of opposite party no.2, approached the High Court at Allahabad but after passage of sometime, his daughter returned and started residing with opposite party no.2. Annoyed by the same, co-accused Neeraj Vishwakarma, on 8/9/2019 between 5:45 to 6:00 O' clock came along with his friend on a motorcycle and opened fire upon mother of opposite party no.2, who is about 70 years old, with intention to kill her, after firing, both the persons fled away.