JUDGMENT :

Sanjay Kumar Pachori, J.

1. The instant application under Section 482 of the Code of Criminal Procedure (in short "the Code") has been filed to quash the impugned order dated 7.10.2021 passed by Additional Sessions Judge Court No. 4, Deoria, in the Sessions Trial No. 40 of 2017 (State v. Bheem Singh and Another) arising out of Case Crime No. 458 of 2015 under Section 307 of Indian Penal Code (hereinafter referred as "IPC"), registered at Police Station -Lar, District Deoria by which two applications filed by the applicant/accused under Section 311 of the Code have been rejected by a common order dated 7.10.2021.

BRIEF FACTS OF THE CASE:

2. The prosecution case, in brief, is that the First Information Report (in short "FIR") dated 25.8.2015 has been lodged by PW-1 Vinod Singh (younger brother of the injured) against the applicant, Subhash Singh, and two other known persons stating that on 23.8.2015, elder brother of the first informant, Balindera Singh went to the market 'Lar' for some personal work by his motorcycle. After finishing his work, he was returning to his home and reached 400 meters from Dhamauli Tiraha at about 6:00 P.M. In the meantime, two motorcyclists reached