LAWS(ALL)-2023-4-170

GYANENDRA Vs. STATE OF U. P.

Decided On April 11, 2023
GYANENDRA Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) Heard Sri Sarvesh Kumar Dubey, learned counsel for the revisionist, Sri Anand Sagar, learned AGA for the State and perused the record.

(2.) This revision has been preferred against the order dtd. 20/7/2020 passed by Additional Chief Judicial Magistrate, Court No.1, Bulandshahr in Case Crime No.264 of 2020 (State Vs. Gyanendra), under Ss. 307 and 504 IPC, Police Station Jahagirabad, District Bulandshahr and to release the revisionist's licensed rifle bearing Licence No.K/146/ARMS/DM/KUL/202/2012 Rifle No.AB1300681- .315 Bore in his favour.

(3.) In brief, facts of the case are that Lakhma, opposite party no.2 lodged an FIR on 15/6/2020 with the allegations that accused Gyanendra has enmity with him due to altercation occurred two years ago. On 15/6/2020 at about 12:00 noon, the informant, Lakhma, Surendra, Lal Singh, Harveer, Manoj were sitting and watching the government work going on near the pond when the accused reached with rifle and started abusing him and when the informant prevented him, he fired upon him with his licensed rifle with the intention to kill him in which he escaped. On the above facts the informant lodged the FIR for initiation of legal proceeding against him.