ALGOO PRADHAN Vs. STATE OF U P

JUDGEMENT

(1.) BY means of the present petition under section 482 Code of Criminal Procedure Code (for short Cr.P.C.) the petitioner has prayed for quashing the order dated 26.9.2007 passed by the Chief Judicial Magistrate, Court No. 18, Barabanki in Case No. 322 of 2007 State Vs. Algoo Pradhan and another relating to case crime no. C -15 of 2006 P.S. Rudauli, District Barabanki, whereby present petitioner has been summoned under section 319 Cr.P.C.to face the trial for offence 326 and 307 IPC and directed to appear before court on 16.10.2007.

(2.) BRIEF facts for deciding this petition are that a First Information Report (for short ''FIR') came into existence on 19.9.2006 at about 10.30 a.m in pursuance of orders passed on the application moved by Raju opposite party no. 2, under section 156(3) Cr.P.C against present petitioner Algoo Ram and co -accused Ambardeen at case crime no. C -15/ 2006,P.S. Rudauli, District Barabanki, under sections 307/326 IPC with the allegation that on 18.5.2006 when opposite party no. 2 along with his son went to attend Tilak ceremony, a murderous assault was made upon them by co -accused Ambardeen armed with double barren gun on the exhortation of present petitioner Algoo. The fire hit to the son of opposite party no. 2 whose right eye was completely lost. But by grace of God present applicant escaped.

(3.) AFTER investigation of the case, a charge -sheet has been filed by the police against accused Ambardeen (non applicant) only under section 326 IPC and not against the present petitioner.