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2024 Supreme(Online)(ALL) 493

HIGH COURT OF ALLAHABAD (LUCKNOW BENCH)
Saurabh Lavania, J
Asad Ali @ Munna And Others – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Home Lko. And Another – Respondent


Advocates:
Petitioner: Anand Mani Tripathi , Pragati Tiwari and Yugal Kishor Tripathi
Respondent: G.A. and Anand Prakash Singh

Hon'ble Saurabh Lavania, J.

1. Heard Sri A. M. Tripathi and Sri Yugal Kishor Tripathi, learned counsel for the applicants, and Sri S. P. Tiwari, learned A.G.A. for the State and Sri Anand Prakash Singh, learned counsel for opposite party No. 2.

2. By means of the present application u/s 482 CrPC, the applicants have assailed the order dated 23.05.2024, passed by Additional Sessions Judge, Court No.1, Pratapgarh (in short ‘trial court’), in Sessions Trial No. 486 of 2019 (State Vs. Ashraf and Ors), arising out of Case Crime No. 306 of 2018, under Section 147, 148, 149, 302, IPC, Police Station- Antu, District- Pratapgarh. The order under challenge dated 23.05.2024 has been passed by the trial court in exercise of power under Section 319 CrPC.

3. Brief facts of the case are to the effect that an F.I.R. was lodged by the informant/eye-witness/opposite party No. 2 namely Chandan Singh (PW-1) on 14.08.2018, which was registered as Case Crime No. 306 of 2018, under Section 147, 148, 149, 302 IPC. As per the allegations levelled in the F.I.R., the deceased, father of the opposite party No. 2, was assaulted by Asad Ali @ Munna, Bablu, Mahroj, Awadhesh Kumar, and an unknown person. The decease

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