I.M.QUDDUSI
DHARMENDRA TRIPATHI – Appellant
Versus
STATE OF U P – Respondent
By means of the present petition under Section 482 Cr. P. C. the petitioner has prayed for the quashing of the order dated 19-6-1996 passed by the Chief Judicial Magistrate, Bhadhohi passed in Criminal Case No. 135 of 1995, and to release the applicant on bail.
2. The facts of the case in brief is that one Bhawani Prasad filed a first information report against the applicant which was registered as Case Crime No. 185 of 1995 under Section 302, 307 and 323 I. P. C. at police station Aurai district Bhadohi. In the aforesaid incident one Devi Prasad is shown to have been killed and Bhawani Prasad Upadhya is alleged to have sustained simple injuries. With regard to the aforesaid inci dent, the father of the applicant also lodged a cross report which has been registered as Case Crime No. 135-A of 1995 under Sec tion 395, 397 and 307 I. P. C. in which the applicant including 5 other persons have sustained injuries. The case of the applicant is that since the applicant was lying in Hospital and, as such, the police took him into custody on the day of incident itself. The investigation of the case was entrusted to the C. B. C. I. D. Varanasi Sector The In spector of C. B.
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