SHAMSHER BAHADUR Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Alok Srivastava-II, the learned counsel for the applicant and Ms. Charu Singh, the learned AGA for the State and perused the records.

(2.) By means of the instant application filed under Sec. 482 Cr.P.C., the applicant has sought quashing of charge sheet no 1 of 2023 dtd. 1/4/2023, under Ss. 323, 504, 506 IPC, submitted in furtherance of FIR No. 120/2023, the order dtd. 8/12/2023 passed by the Additional Chief Judicial Magistrate, Court No. 16, Barabanki, taking cognizance of offences under Ss. 323, 504, 506 and 308 IPC and summoning the accused persons to face trial of the offence and at the same time issuing an order for further investigation and calling for an explanation from the Investigating Officer as to why recommendation be not made for initiating departmental inquiry and action against him for not conducting the investigation properly.

(3.) The opposite party no. 2 had lodged FIR No. 120/2023 on 28/3/2023 against the applicants, stating that the agricultural lands of the complainant and the accused persons are adjoining each others' land. The accused persons had damaged Med (boundary) dividing the two fields in the morning of 28/3/2023 and when the opposite party no. 2 objected against it, the accused persons attacked him with sticks and a spade causing injury on his hand and head.