DHANANJAY SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This petition under section 482 Cr.P.C. has been moved with the prayer to set aside the order dated 23.1.2013 passed in S.T.No.122 of 2012 by the learned 1st Addl. Sessions Judge, Jaunpur. This sessions trial is under sections 302/109 IPC, P.S.Kerakat, Jaunpur.

(2.) The brief facts of the case are that on 1.4.2010 at about 5.15 a.m. three persons riding the motorcycle were asked by the bridge toll employee to pay the toll tax but they refused. Thereafter an altercation took place between the toll employee and the above mentioned three persons. Thereafter the assailants fired upon the toll employee causing his death and also causing injuries to another person present nearby. An FIR was lodged against three unknown persons. The investigation proceeded and initially it was investigated by the local police. Thereafter the investigation was transferred to C.B.C.I.D,. Varanasi and thereafter to C.B.C.I.D., Gorakhpur. After conclusion of the investigation a charge sheet was filed against the applicant also. At the stage of framing of charges the applicant moved an application before the learned trial Judge under section 227 Cr.P.C. After hearing both the parties the learned trial Judge rejected the application and directed for framing of charges under appropriate sections against the applicant also. Feeling aggrieved by such dismissal the present petition under section 482 Cr.P.C. has been moved.

(3.) I have heard learned counsel for the parties and perused the records. I have also perused the case laws filed in the case.