NIDRA Vs. STATE OF U P

JUDGEMENT

(1.) By way of this application under Section 482 Cr.P.C., applicant-Nidra@ Indu Bala Nishad, approached this Court for quashing the impugned order dated 9.06.211 passed by Additional Sessions Judge, Ambedkar Nagar in Session Trial No. 58 of 2002 (State v. Rajendra) in Case Crime No. 28 of 2008, under Sections 147, 148, 324, 325, 323, 307 504 and 201 IPC, Police Station Bheeti, District Ambedkar Nagar, whereby, he summoned accused-applicant herein to face the trial on the application of prosecution under Section 319 Cr.P.C.

(2.) Facts leading to present application in nut-shell are as under : Informant, Vishwa Nath Nishad lodged FIR.bearing Crime No. 28 of 2009, under Sections 147, 148, 324, 325, 323, 307 504 and 201 IPC, against six persons including present applicant stating that on 25.01.2009 at about 10:00 am, accused persons-Rajendra, Ramakant, Koyla, Neelam Ramrati and Nidra (present applicant) started abusing and beating his father with their respective weapons. When he, Kanahiya, Ravi Shankar, Rampher, Kaushalya, Sanmati and his mother rushed to rescue him, all the accused persons started beating them, due to which, they received injuries. Incident was witnessed by many persons. Accused Rajendra assaulted his father, Rampher, with Ganasha with intention to kill death. Case came to be investigated by the Investigating Officer and submitted charge-sheet against the accused persons except present applicant.

(3.) During trial PW-1 Vishwanath Nishad and PW-2, Ravi Shanker were examined by the prosecution and both the witness supported the prosecution case and deposed about the complicity of the present applicant. After considering the statement of PW-1 and 2, Trial Court passed the impugned order in exercising power conferred under Section 319 Cr.P.C. and summoned the applicant herein to face the trial.