JAMSHED Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the revisionists, learned counsel for the private respondent and learned A.G.A. for the State.

(2.) Instant criminal revision has been preferred against order dtd. 1/3/2023 passed by learned Additional Sessions Judge, Court No. 4, Baghpat in S.T. No. 344 of 2022 (State Vs. Jamshed and others), arising out of Case Crime No. 759 of 2021, under Ss. 147, 148, 149, 452, 323, 506, 354, 354B, 324, 325, 308 IPC, P.S. Badaut, District Baghpat, whereby learned court below has dismissed the discharge application 8B filed by the revisionists.

(3.) Factual matrix of the case relevant for the purpose of present revision are that informant Irfan lodged an F.I.R. with P.S. concerned on 1/7/2021 at 18:06 hours by filing written report before S.H.O. concerned with averment that on 30/6/2021 at around 10:00 PM he was sitting at his home along with family members, accused persons who harbour enmity with him, prior to the incident and suddenly emerged without any reason armed with sharp edged weapons, clubs and sticks and attacked him with intention to kill. Informant, his son Danish and Amir received serious injuries in the incident. Accused persons had also torn clothes of his wife and daughter and molested them. On hearing cries of informant side, neighbours emerged and thereupon accused persons left the place of incident after giving threat to informant and his family. Injured were examined at C.H.C., Badaut on the date of incident at around 11:00 PM and main injured Amir sustained four injuries which are described as below.