GANESH DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition, under Section 482, Cr.P.C., has been filed by the petitioner with a prayer to quash the charge -sheet dated 01.06.2011 and summoning order dated 08.07.2011 (Annexures No.1 and 2 to this petition) passed by learned Additional Chief Judicial Magistrate -V, Lucknow in Criminal Case No.1950 of 2011 (State Versus Ganesh Dubey and others) arising out of Case Crime No.176 of 2011, under Sections 307, 120 -B and 147 IPC, Police Station Madion, District Lucknow. The petitioner has also prayed for quashing of the entire proceedings initiated in pursuance of the aforesaid order and charge -sheet.

(2.) THE relevant facts for deciding this petition in short are that an FIR has been lodged by Monu Kannaujia alleging therein that Pawan, brother -in -law of the opposite party no.2, is an employee of 'New Krishna Vision', Madion. The accused Sarvesh Nigam, Raj Kumar Yadav, Ranjeet Yadav and Anurag Singh are the employees of 'Mohan Cable'. There was a dispute in between the accused persons and Pawan with regard to distribution of cable connections amongst the customers. On 23.03.2011 at about 7:45 PM, the aforesaid Pawan along with Mukesh and Arun were coming to their house and when they reached near the house of Pawan, the aforesaid named accused, namely, Sarvesh Nigam, Raj Kumar Yadav, Anurag Singh and Ranjeet Yadav started abusing Pawan and questioned as to why, he is laying cables in their area. Raj Kumar Yadav and Ranjeet Yadav asked Sarvesh and Anurag that Pawan himself posing to be a leader hence he be given a lesson. Thereupon, Sarvesh Nigam and Anurag Singh fired upon Pawan with country made pistol. The fire hit the thigh of Pawan . Thereafter, Pawan was admitted in Trauma Centre of Medical College, Lucknow.

(3.) THE injured Pawan narrated the entire incident to the informant opposite party no.2 Monu Kannojia, disclosing the names of the accused persons and thereafter, a first information report was lodged on the same day at about 11:00 PM under Section 307 IPC against four above named persons.