NIRDOSH TYAGI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Ms Zia Naz Zaidi, learned counsel for the applicants, Sri Dhirendra Kumar Agrahari, learned counsel for the opposite party no.2 and learned A.G.A. for the State and perused the material placed on record.

(2.) This application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceeding as well as charge-sheet no. 14B of 2019 dated 25.5.2019 in Case No.4050 of 2019 (State vs. Nirdosh Tyagi and others) arising out of Case Crime No. 202 of 2016 under Sections 302 and 120-B IPC, P.S.Sayana, District Bulandshahar, pending in the court of Chief Judicial Magistrate, Bulandshahar.

(3.) Brief facts of this case are that an F.I.R. was lodged by opposite party no.2 on 29.6.2016 at 10.30 a.m. with the allegation that on the same day at about 7.30 a.m., his elder brother Sanjay and father were present on the tubewell, at that time the applicants and two others armed with firearms reached there and then accused Nirdosh and Alok resorted to indiscriminate firing upon the brother of informant who after sustaining injuries succumbed on the spot. The accused persons unleashed reign of terror by indiscriminating firing and fled away from the place of the occurrence.