ANIL Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A. for the State.

(2.) The applicant by means of this application under Sec. 482 Cr.P.C. has invoked the inherent jurisdiction of this Court with a prayer to quash the order dtd. 25/9/2019 passed by the Addl. Sessions Judge Court no. 6, Aligarh in S.T. No. 191 of 2018 (State vs. Bhupendra and others), arising out of Case Crime no. 618 of 2017, under Ss. 302 and 120B I.P.C., P.S. Khair, district-Aligarh, pending in the Court of Addl. sessions Judge Court no. 6, Aligarh.

(3.) The report of the incident was lodged by the opposite party no. 2, who is father of the deceased Sumit, alleging therein that on 19/10/2017 at about 6:00 p.m. when he was sitting with his family in his house, Govinda son of Jaipal Singh came to his house and asked his son to go to the field of Sukhbir near the canal. Thereafter he went away along with Sumit. Anil son of Jagdish Singh, Bhupendra son of Omvir Singh and Rupendra son of Rishi Om and two other persons were present at the occurrence site. Some hot talks were exchanged between them as there was previous enmity between them regarding litigations. between them. It is also mentioned in the FIR that when Sumit did not return to his house, then opposite party no. 2 went towards the field of Sukhbir along with Shailesh son of Ravendra Singh and Hariom son of Yogendra and when they reached near the field of Sukhbir, they heard noise of 'Bachao-Bachao' after hearing the noise they reached at the place of occurrence where accused persons were beating Sumit. When the complainant tried to save his son then accused persons fired at the complainant. It was also alleged that Anil caught hold his son Sumit and Bhupendra fired at Sumit. It was also mentioned in the FIR that after being hit from the gun shot his son was saying that Bhupendr, Anil along with Rupendra, Govinda and others had fired at him with firearm and when they were carrying the injured to Aligarh for treatment, in the way injured Sumit succumbed to injuries.