KARAN Vs. STATE OF U P AND ANOTHER

JUDGEMENT

(1.) Heard the learned counsel for the applicant Ms. Divya Ojha, Advocate holding brief Shri Ajay Sengar, Sri Sudhir Kumar Pathak, learned AGA and perused the record.

(2.) This application under sections 482 of the Criminal Procedure Code has been moved seeking quashing of order dated 05/03/2015 passed by learned chief Judicial Magistrate, Orai, District Jalaun on in case crime No. 0013 of 2018 under sections 73 of the Criminal Procedure Code, police station, Jalaun, whereby NBW has been issued against the applicant.

(3.) As per prosecution version the applicant is a farmer having no connection with any illegal activities. One Madho Singh has lodged an F.I.R. dated 24/01/2018 alleging that on 23/1/2018 he and his brothers, Annu, Mangal Singh and Anupam were grazing animals in their field, right then, the applicant with his associates came there armed with weapons and started abusing him. On exhortation of accused Ram Sharan, all the accused started making indiscriminate firing upon the complainant side, consequently nephew of the complainant, Anupam sustained injury on his head and Sudhir alias Appu sustained injuries in his leg and both of them fell down and later on with the help of villagers they were hospitalised where Anupam succumbed to his injuries. The case was registered as Crime No. 0013 of 2018 under sections 147, 148, 149, 307, 302, 504, and 506 IPC at PS Kotwali - Kalpi