SUNIL SONI Vs. STATE OF U P

JUDGEMENT

(1.) This application has been filed for quashing a charge-sheet and criminal proceedings in Case No. 56/9 of 2008, State v. Sunil Soni, pending in the court of Civil Judge (JD)/Judicial Magistrate, Court No. 3, Muzaffarnagar and alternatively for a direction to the court below to accept fresh bail bonds under Section 307, I.P.C. as the applicant had already secured bail under Section 324, I.P.C. etc.

(2.) I have heard Shri Viresh Mishra, learned Senior Advocate for the applicant and learned Additional Government Advocate for the State.

(3.) The F.I.R. was registered on the basis of an application under Section 156(3) of the Code of Criminal Procedure (hereinafter referred to as the Code) alleging therein that on 18.9.2007 when the informant Akshai Kumar accompanied by his friend Amit Sachdeva had gone to Sukratal for the purpose of a holy dip in the Ganga and were returning at about 2.30 p.m., by their Innova vehicle, a Skoda vehicle tried to overtake their vehicle after they had crossed Bhopa. As the informants did not give a pass initially, subsequently when their Innova was overtaken by the applicant's Skoda, 2-3 men got down from the latter, and hurled abuses. When the informant's friend Amit got down to protest, one of the young men shouted that he thought too much of himself and he should be taught a lesson. At that time, the applicant, whom they knew from before, took out a knife and began to assault Amit. When the informant and Ors. raised a cry, then the applicant and other accused fled away in their vehicle. Amit was badly injured and severely bleeding from his hand and stomach. He was sent for medical examination to the Government Hospital, Bhopa, where looking to his serious condition he was referred to the District Hospital, Muzaffarnagar.