JAMIN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Sheikh Wali Uz Zaman, the learned counsel for the applicants and Sri Gyanendra Singh, the learned AGA for the State and perused the record.

(2.) By means of the instant application filed under Sec. 482 Cr.P.C., the applicants have prayed for quashing of the order dtd. 21/2/2024 passed by the learned Additional Session Judge, Court No. 4, Hardoi in Misc. Case No. 448 of 2021 in Session Trial No. 582 of 2009, summoning the applicants to face trial of the offence alleged in F.I.R. No. 523 of 2009 under Ss. 147, 148, 302/149 IPC, Police Station Bilgram, District Hardoi.

(3.) Briefly stated, facts of the case are that on 14/4/2009 one Waris (father of the opposite party no. 2) had lodged F.I.R. No. 523 of 2009 under Ss. 147, 148, 302/149 IPC, in Police Station Bilgram, District Hardoi against 5 persons, including the applicants, stating that when the complainant was going to his fields at about 02:15 p.m. with his brother Arif, the accused persons met them on the way and on the exhortation of the applicants and one Irfan alias Munna, the other accused persons Irshad and Abdul Aziz fired shots by pistols. The complainant's brother got injured and he fell down on the spot. Upon hearing the gun-shot and the cries of the complainant, Zaheer Khan and Jaipal reached on the spot and challenged the accused persons whereupon they ran away.