PUNNET SHARAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri K.S. Tiwari, learned counsel for the applicants, Shri Surendra Kumar Chaubey, learned counsel for opposite party no. 2, Shri Prashant Saxena, learned A.G.A. for the State and perused the material available on record.

(2.) The present application under Sec. 482 Cr.P.C. has been filed for quashing the order dtd. 7/1/2023 passed by the Additional Sessions Judge-Ist, Bhadohi at Gyanpur in S.T. No. 55 of 2019, State vs. Shaym Dhar Tiwari and others, arising out of Case Crime No. 192 of 2017, under Ss. 147, 323, 504, 506, 308 I.P.C., Police Station Koirauna, District Bhadohi. Vide the impugned order, the Trial Court has summoned applicants under Sec. 319 Cr.P.C. for trial.

(3.) It has been submitted by the learned counsel for the applicants that the Trial Court has summoned them for trial under the aforesaid Sec. without any evidence. It has also been submitted that although they were named in the FIR but the Investigating Officer during investigation did not find any evidence against them and did not file charge sheet against them. It has also been submitted that in the FIR lodged by opposite party no. 2, Abhishek Tiwari against applicants and six other accused persons, general role of abusing and beating the informant has been made against the applicants along with other co-accused persons. No specific role has been assigned to them. It is submitted that applicants have been falsely implicated due to previous enmity. It has also been submitted that in the evidence recorded under Sec. 161 Cr.P.C., the main role of causing injury to opposite party no. 2 and his mother, Meena Tiwari has been assigned to co-accused Kripashankar and applicants are not concerned with the offence under Sec. 308 I.P.C. It has also been submitted that there was no sufficient evidence on record to summon applicants for trial under Sec. 319 Cr.P.C. but the Trial Court wrongly summoned them.