JAVED Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri N.I. Jafri, learned counsel for the applicants, Sri V.P. Srivastava, learned Senior Advocate assisted by Sri K.M. Tripathi, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

(2.) By means of this 482 Cr.P.C. application, the applicants have prayed for quashing the order dated 20.12.2012 passed by the Additional Chief Judicial Magistrate, Rampur in Complaint Case No. 10235 of 2011 (Smt. Shakeela vs. Javed & others) under Sections 452, 302, 147, 148, 149, 307, 504, 506 I.P.C., police station Azimnagar, District Rampur.

(3.) Brief facts of the case are that on 12.7.2011 Javed applicant no.1 had lodged an F.I.R. which was registered as Case Crime No. 715 of 2011 under Sections 147, 148, 149, 307, 302 I.P.C. at police station Azimnagar, District Rampur against Firasat Ali-brother-in-law of Smt. Shakeela opposite party no.2, Ilyas, Islam, Rehan, Shahadat & Afsar at police station Azimnagar, District Rampur with respect to an incident which had taken place on 12.7.2011 at 12:30 p.m. at village Haraita where a meeting was going on at a fair price shop and large number of villagers were present along with the applicants. In between the meeting, some dispute have arisen and hot talks were exchanged between Firasat Ali and Zameer Ahmad, father of applicant no.1. Due to the said dispute, Firasat shot fired on the father of applicant no.1 Zameer Ahmad which hit him on his head resulting in his death. Thereafter fighting broke out between the two factions. In the said fighting, several persons, namely, Nadeem, Shahid and Waseem from the side of the applicants received injuries.