NAZIM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sanjay Mishra, learned counsel for the applicant, Sri Pankaj Kumar Tripathi, learned A.G.A for the State as none appeared for opposite party no. 2 and perused the material available on record.

(2.) This application under Sec. 482 Cr.P.C has been moved by the applicant-accused persons to quash the order dtd. 26/7/2018 passed by A.C.J.M Ist, Aligarh in Criminal Case no. 1021 of 2018 arising out of Criminal Case No. 222 of 2017 and order dtd. 16/4/2019 passed by the learned Sessions Judge, Aligarh in Criminal Revision No. 331 of 2018 - Shahnawaz and others Vs. State of U.P. under Sec. 147, 323, 324, 504, 506 and 326 I.P.C, Police Station Kotwali City, District Aligarh, pending in the Court of A.C.J.M Ist, Aligarh, by which both the courts below have passed the order against the applicant and the learned A.C.J.M Ist, Aligarh took the cognizance under the aforesaid Ss. and the learned Sessions Judge dismissed the criminal revision against such order on 16/4/2019.

(3.) In brief, facts of the case are that opposite party no. 2 lodged N.C.R No. 58 of 2017, under Ss. 323 and 506 I.P.C on 15/5/2017 at 11:40 p.m. against the applicant nos. 2 to 5, later on, which was converted into F.I.R on 26/5/2017 under Ss. 323, 324 and 506 I.P.C as Crime No. 222 of 2017 against them. The opposite party No. 2 was medically examined on 16/5/2017 and supplementary medical report was prepared on 9/6/2017. Evidences were recorded under Sec. 161 Cr.P.C and a charge-sheet no. 194 of 2018 dtd. 29/6/2018 under Ss. 147, 323, 324, 326, 504 and 506 I.P.C was submitted in the Court of A.C.J.M Ist Aligarh, who took cognizance by the order dtd. 26/7/2018.