ANAND GOPAL PRADHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this petition under section 482 of Criminal Procedure Code (for short Cr.P.C.) is an order dated 4.8.2012 passed by Addl. Sessions Judge, Court No. 2, Lucknow in S.T. No. 1041 of 2011 (State of U.P. Vs. Thakur Prasad and Ors.) relating to case Crime No. 16 of 2011 under section 147, 148, 149, 302/34 I.P.C., P.S. Nagram, District- Lucknow.

(2.) By the impugned order learned trial court after exercising the jurisdiction conferred under section 319 Cr.P.C. summon the petitioner Anand Gopal Pradhan to face the trial alongwith other co-accused of this case.

(3.) The brief facts of this case are that on 5.2.2011 at 9.30 PM Manjit Singh was murdered when he was going to leave her daughter Laxmi to School. The First Information Report of this incident was lodged by Dilip Singh brother of the deceased , against the petitioner and six others. Role of petitioner Anand Gopal Pradhan was attributed that he armed with sword assaulted Manjit Singh. However, during the course of investigation the present petitioner was exonerated. The other accused were challaned by the Police. After taking cognizance of the offence, the Magistrate committed the case to the Court of Sessions and ultimately the Addl. Sessions Judge Court No. 2 passed the impugned order on the basis of application u/s 319 Cr.P.C. moved by prosecution.