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2024 Supreme(All) 1138

SAURABH SHYAM SHAMSHERY
Ram Sunder Shukla – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Maithali Sharan Pipersenia, Utsav.
For the Respondent: Pradhumn Kumar Pandey.

JUDGMENT :

SAURABH SHYAM SHAMSHERY, J.

1. The applicants have approached this Court, by way of filing application under Section 482 Cr.P.C. (1685 of 2020) arising out of Case Crime No. 554 of 2017 (S.T. No. 628 of 2018), State v. Ram Sunder Shukla and Others, under Sections 307, 323, 325, 308 and 506 IPC, Police Station- Handia, District- Prayagraj, pending in the Court of the Additional Sessions Judge, Room No. 9, Allahabad, as they are aggrieved by impugned order dated 25.03.2019 whereby their discharge application was rejected. The other petition is arising out of a challenge to framing of charges.

2. From the records, it is evident that an FIR was lodged against applicants that they have committed offences under Sections 323, 324, 506 and 307 IPC. For reference, the contents of FIR is reproduced hereinafter:

3. During investigation, injured persons were medically examined and their injury report was taken on record. Statements of injured witnesses and other witnesses were also recorded and a charge-sheet was filed on 07.07.2017 against all the applicants for offences under Section 323, 325, 307, 308 and 506 I.P.C. The learned Trial Court took cognizance and summoned the applicants.

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