MOHD NASEEM Vs. STATE OF U P

JUDGEMENT

(1.) BY means of this petition, under Section 482 of the Code of Criminal Procedure (in short 'Cr.P.C.'), the petitioners have prayed for quashing the further proceedings of Case No.3691 of 2011 (Irfanuddin Vs. Mohd. Naseem and others) arising out of Case Crime No.255 of 2009, Police Station Kotwali Kunda, District Pratapgarh and also quash the summoning order dated 24.02.2015.

(2.) HEARD Sri I.B. Singh, learned Senior Counsel for the petitioners and learned A.G.A. for the State.

(3.) BRIEF facts for deciding this petition are that opposite party no.2 Irfanuddin lodged a first information report against the petitioners and others at Case Crime No.255 of 2009, under Sections 147, 148, 149, 397 IPC, Police Station Kotwali Kunda, District Pratapgarh with the allegations that on 23.06.2009, the informant Irfanuddin went to met Sri Udai Bhan Singh, Block Development Officer, who is residing as tenant in the house of Sri Pradeep Chandra Shukla situated at Nuri Masjid Wali Gali, Kunda. At abut 2:30 P.M., when the informant coming back with Scorpio vehicle belonging to his elder brother Minhabuddin, the petitioners along with others surrounded the vehicle of the informant and assaulted him with bomb and country made pistol at the distance of 20 meters from the house of Pradeep Chandra Shukla. Consequently, the informant and one Mohd. Kadir received injuries in this incident. Thereafter, the injured persons were taken to CHC, Kunda for treatment by Sri Udai Bhan Singh and Alok Kumar Shukla from where they were referred to Allahabad.