ANIL Vs. STATE OF U P AND ANR

JUDGEMENT

(1.) Heard Sri Gaurav Kakkar, learned counsel for the applicant, Sri Arvind Agarwal, learned counsel for the opposite party no.2 and Sri Nagendra Kumar Srivastava, learned AGA for the State.

(2.) The present application has been filed by the accused against the order dated 23.12017 passed by the Addl. Chief Judicial Magistrate, Court No.3, Mathura in proceeding of State Case No. 2407 of 2017, arising out of Case Crime No. 223A of 2017, under Sections- 147, 148, 149, 323, 307, 427, 504, 506 IPC, Police Station Refinery, District Mathura. By that order, the application filed by the applicant under Section 210 Cr.P.C. has been rejected.

(3.) Briefly, the facts giving rise to the present application are that on 16.08.2013 an FIR had been lodged by the applicant against the opposite party no.2 alleging commission of offence under Sections 147, 148, 149, 323, 307, 384, 506, 452 IPC. It was registered as Case Crime No. 223 of 2013, Police Station Refinery, District Mathura. On the same date a cross case came to be registered against the applicant under Section 395, 397, 364 IPC in Case Crime No. 223 A of 201 Subsequently section 307 I.P.C. was also introduced. It is also on record that the applicant was enlarged on bail during the course of investigation, for the offence alleged under Section 307 IPC.