AZAD Vs. STATE OF U.P. AND ANOTHER

JUDGEMENT

(1.) Heard Shri V.P. Srivastava, learned Senior Counsel assisted by Shri Nasiruzzaman, learned counsel for the applicant-informant and Shri Kamal Krishna learned Senior Counsel assisted by Shri Janardan Prasad Tripathi, learned counsel for the accused-opposite party Nos. 2 and 3 and learned Additional Government Advocate for the State.

(2.) The applicant Azad, through this application moved under Sec. 482 Crimial P.C. has invoked the inherent jurisdiction of this Court for quashing the impugned orders dated 12.7.2016 and 15.7.2016 passed by the learned Additional District and Sessions Judge, Court No. 13, Aligarh in proceedings of ST Nos. 925 of 2015 (State Vs. Meenu alias Izhar) and ST Nos. 194 of 2016 (State Vs. Faisal and others) whereby the application moved by the accused-opposite party was allowed and charges were directed to be framed under sections 304/323 IPC, whereas the charge sheet was submitted under sections 302/307 IPC.

(3.) It is submitted by the learned counsel for the applicant that charges should be framed in major offences if the nature of the offence under both the sections are not of distinct and different categories. The submission is that incident took place on 27.5.2011 at about 11 PM in which the brother and father of the applicant were badly assaulted by different weapons, i.e. lathi, danda, saria and Kripan etc. causing serious injuries to them. One of the injured namely Shahzad succumbed to the injuries. Another injured Shahid sustained grievous injuries, may be fatal to the life. It was submitted by the learned counsel for the applicant that injuries to Shahzad was examined on 27.5.2015 in District Malkhan Singh Hospital, Aligarh wherein as many as six injuries were found. Injury No. 1 was lacerated wound of 4 cm x 0.5 cm x scalp deep over mid of head and the injury No. 2 was also caused on the head in an area of 4 cm x 0.5 cm x scalp deep. Injured Shahid has sustained two injuries, lacerated wound on the region of 1 cm x 1 cm over left frontal and laceration of 8 cm x 1 cm over posterior aspect of scalp occipital frontal region. In CT scan report these injuries were found to be fatal.