PAPPU YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Dheeraj Srivastava, learned counsel for the applicants as well as learned A.G.A. for the State of U.P. and Sri Dev Raj Singh, learned counsel for opposite party no. 2.

(2.) Learned counsel for the applicants has submitted that complainant/opposite party no. 2 has lodged a first information report against the applicants on 17.10.2017, registered as Case Crime No. 1418 of 2017, under Sections 147, 148, 149, 504, 506, 336 I.P.C., Police Station - Kotwali Sadar, District - Lakhimpur Kheri. The prosecution case as per first information report is that the complainant the other family members went to field in the morning for toilet on the road, when the applicants opposed, verbal dispute took place between the parties and fire arms were used wherein family members of the complainant sustained injuries. In respect to the aforesaid incident the accused persons have also lodged another first information report on the same day which has been registered as Case Crime No. 1419 of 2017, under Sections 147, 148, 149, 452, 323, 336, 506 I.P.C., Police Station - Kotwali Sadar, District - Kheri. Charge sheets have been filed in both the cases and summoning orders have been passed in both the cases.

(3.) It has further been submitted that the accused persons have challenged the proceedings of Case No. 2801 of 2018 - State v. Nafees and Others, arising out of Case Crime No. 1419 of 2017, under Sections 147, 148, 149, 452, 323, 336, 506 I.P.C., Police Station - Kotwali Sadar, District - Kheri, pending before the Chief Judicial Magistrate, Lakhimpur Kheri by means of application U/S 482/378/407 No. 2973 of 2019 - Nafees and Others v. State of U.P. and Another.