S. S. KULSHRESTHA, J.

Heard the learned Counsel for the applicant and the learned A. G. A. and also perused the materials on record.

2. This application under Section 482 of the Code of Criminal Procedure (in short the Code) has been brought for quashing the proceedings of case No. 78/96, State v. Narayan Rai, pending in the Court of IV Addl. Civil Judge (Jr. Division)/judicial Magistrate, Ghazipur. It has been contended by the learned counsel for the accused applicant that with regard to the incident which is alleged to have taken place on 29-4-1996, Smt. Vidyavati Devi lodged report at the police station attributing allegations against the accused applicant and his son Sri Harshwardhan Rai that with a view to kill Sri Pankaj Rai @ Pappu, son of the complainant at the exhortation of Sri Narayan Rai, his son Sri Harshwardhan Rai opened fire resultantly causing serious injuries to him. On the report of Smt. Vidyavati Devi case was registered at case crime No. 78/96 under Section 307 IPC. The police after investigation had submitted charge-sheet against Sri Harshwardhan Rai and his father Sri Narayan Rai. Case of Sri Harshwardhan Rai was separated at the committal stage and it was ta

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