SHARDA PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) K. N. Ojha, J. Heard Sri S. P. Singh Parmar, learned Counsel for the applicants, learned A. G. A. and Sri S. K. Shukla, learned Counsel for OP No. 2 and have gone through the record.

(2.) INSTANT application under Section 482 Cr. P. C. has been moved to set aside order dated 2-4-2005 passed by ACJM Bhadohi, in Criminal Case No. 1632 of 2005, whereby the applicants were summoned to face trial under Sections 323, 504 I. P. C. police station Gopiganj, District Sant Ravidas Nagar, and order dated 15-10-2005 passed by learned C. J. M. whereby personal appearance of the applicants is being compelled through bailable warrant.

(3.) THE learned Counsel for the applicants has further submitted that when NCR was got registered, the names of the witnesses were not mentioned and injury report was also not filed. Annexure No. 6 is the copy of injury report of Brahmdev son of Lalji, which shows that as many as four injuries were caused including contusion on head. It cannot be said that it is a case of no injury and still charge-sheet has been filed. It is to be appreciated at the final stage as to which of the party was aggressor and whether the injuries could be believed or not. THE minor nature of injuries cannot be taken to be ground to quash the charge-sheet.