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2009 Supreme(All) 512

RAVINDRA SINGH
SAJID – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
Irshad Hussain, NISAR UDDIN, S.S.SHAH,

RAVINDRA SINGH, J.

This application has been filed by the applicant Sajid with a prayer to quash the charge-sheet of case crime No. 88 of 2006 under sections 302, 307 and 120-B I. P. C. P. S. Bhawanpur district Meerut and also to quash the further proceedings arising out of the charge-sheet pending in the Court of learned Chief Judicial Magistrate, vide criminal case No. 3502 of 2006.

2. The facts of the case in brief are that the F. I. R. has been lodged by the ap plicant Sajid against Ikram, Abrar, Man-zoor and Babu on 29. 5. 2006 at 2. 05 a. m. at P. S. Bhawanpur in respect of the incident which had allegedly occurred on 29. 5. 2006 at about 1. 30 a. m. , the distance of the police station was 4 km from the alleged place of occurrence, alleging therein that in the night of 28/29. 5. 2006, the first informant was sleeping on the roof of his house, his maternal uncle, the deceased Intizar, his injured brother Haroon alongwith the fam ily members were sleeping in their gher, at about 1. 30 a. m. the accused Ikram and Abrar entered into gher, accused Manzoor and Babu remained at the gate of the gher, at the exhortation of the accused Babu, ac cused Ikram caused gun shot injury by 31












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