JUDGMENT

SUDHANSU JYOTI MUKHOPADHAYA, J.

1. Leave granted.

2. This appeal is directed against the judgment and order dated 11th December, 2007 passed by the High Court of Judicature at Allahabad in Criminal Miscellaneous Application No.26878 of 2007. By the impugned judgment, the High Court dismissed the application filed by the appellant- accused u/s 482 Cr.P.C for quashing the order dated 1st September, 2007 passed by the Additional Sessions Judge/F.T.C No.3, Basti in Sessions Trial No.207/07 in State v. Ram Vijay Yadav etc. By the said order, the Additional Sessions Judge framed the charge against the appellant-accused for the offence u/s 302, 323, 504 and 506 IPC.

3. The factual matrix of the case is as under: One Mahender Prasad Tiwari complainant lodged an FIR against the present appellant-Dinesh Tiwari, Sadhu Saran and Ram Vijay Yadav for the offence u/s 302, 323, 504 and 506 IPC in Police Station Mahuli, District Sant Kabir Nagar. It was registered as Crime No.84/2006. It was alleged that the appellant along with Sadhu Saran committed murder of Arvind Kumar Tiwari son of the complainant. Reasons for enmity and detail event of murder were mentioned in the FIR. Police started the