ASAD ALI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri A. M. Tripathi and Sri Yugal Kishor Tripathi, learned counsel for the applicants, and Sri S. P. Tiwari, learned A.G.A. for the State and Sri Anand Prakash Singh, learned counsel for opposite party No. 2.

(2.) By means of the present application u/s 482 CrPC, the applicants have assailed the order dtd. 23/5/2024, passed by Additional Sessions Judge, Court No.1, Pratapgarh (in short 'trial court'), in Sessions Trial No. 486 of 2019 (State Vs. Ashraf and Ors), arising out of Case Crime No. 306 of 2018, under Sec. 147, 148, 149, 302, IPC, Police Station- Antu, District- Pratapgarh. The order under challenge dtd. 23/5/2024 has been passed by the trial court in exercise of power under Sec. 319 CrPC.

(3.) Brief facts of the case are to the effect that an F.I.R. was lodged by the informant/eye-witness/opposite party No. 2 namely Chandan Singh (PW-1) on 14/8/2018, which was registered as Case Crime No. 306 of 2018, under Sec. 147, 148, 149, 302 IPC. As per the allegations levelled in the F.I.R., the deceased, father of the opposite party No. 2, was assaulted by Asad Ali @ Munna, Bablu, Mahroj, Awadhesh Kumar, and an unknown person. The deceased namely Harishchandra Singh succumbed to the gunshot injury. As per the F.I.R., the incident is of 14/8/2018 at about 09:00 a.m.