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Court No. -80

Case :- CRIMINAL REVISION No. - 3293 of 2021

Revisionist :- Aman Tauseef

Opposite Party :- State Of U.P.And Another

Counsel for Revisionist :- Amir Khan

Counsel for Opposite Party :- G.A.,Zafar Abbas

Hon'ble Rajeev Misra,J.

1.

The Court after hearing Mr. Amir Khan, the learned counsel for

revisionist, the learned A.G.A. for State and Mr. Zafar Abbas, the learned

counsel for first informant/opposite party-2 reserved the judgement on

6.1.2022. However, the judgement could not be delivered within

reasonable period. Accordingly, the matter was posted for further hearing

on 29.7.2022 vide order dated 25.7.2022. Accordingly the matter was

heard on 29.7.2022 on which date the learned counsel for revisionist did

not appear before Court. Only the learned A.G.A. and the learned counsel

for opposite party-2 were heard.

2.

This criminal revision has been filed challenging order dated

12.11.2021, passed by Additional Sessions Judge, Court No. 1, District

Moradabad in Sessions Trial No. 1143 of 2020 (State Vs. Danish @ lala

and Others) in Case Crime No. 151 of 2019, under sections 307, 506, 147,

148 IPC, Police Station- Galshadid, District- Moradabad, whereby Court

below has allowed the application (Paper No.32 B) filed by first

informant/opposite party-2 under section 319 Cr.P.C. and summoned the

applicant to face trial in aforementioned criminal case.

3.

Record shows that in respect of an incident which is alleged to have

occurred on 6.5.2019, a prompt F.I.R dated 6.5.2019 was lodged by first

informant-opposite party-2 Raees @ Bholu and was registered as Case

Crime No. 151 of 2019, under sections 307, 506, 147, 148 IPC, Police

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Station- Galshadid, District- Moradabad. In the aforesaid F.I.R, six

persons namely, Danish @ Lala, Najim @ Raju, Sajid @ Kalua, Shahid,

Maim and Aman Tausif have been nominated as named accused.

4.

The gravamen of the allegations made in F.I.R is to the effect that

named accused namely, Danish @ Lala, Najim @ Raju, Sajid @ Kalua

and Aman Tausif with an intention to cause murder of nephews of first

informant, fired repeated shots with their country made guns on account

of which nephews of first informant sustained fire arm injuries.

5.

After registration of aforementioned F.I.R., Investigating Officer

proceeded with statutory investigation of aforementioned case crime

number in terms of Chapter XII Cr.P.C. The injured Junaid and Jafar were

medically examined on 6.5.2019. As per the Medico Legal Examination

Report, injured Junaid sustained following injuries:

“Injury No.1 wound of entry measuring 1 cm x 1 cm round in shape

present on tip of left shoulder joint fresh bleeding present. Burning

tattooing present.”

6.

Subsequently, Supplementary Medico Legal Report of injured

Junaid was prepared and is reproduced herein under:

Pt namely Mohd. Junaid S/0 Mr. Saeed, aged about 25 years male

R/o Asalatpura, Begam Wali Masjid, Moradabad

B/B Hameed (friend) Address same was admitted at cosmos Hospital

6.5.2019 at 8:15 pm CA/H/O Gun shot injury, at left shoulder at about

5:00 pm on 6.5.2019

MI-not traceable

-A/C t X-ray Chest done to Cosmos Hospital on 6.5.2019 by Dr. Ranjan

Stimulates communicated fracture of lateral on 3^rd of left clavicle with no

other obvious abnormality.

-A/C X-ray left shoulder done to cosmos hospital on 6.5.2019 by Dr.

Ranjan communicated fracture of lateral on one-third of left clavicle.

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-A/C to radiologist of right shoulder done to Cosmos Hospital by Dr.

Ranjan show no other abnormality.

-A/C Pt. Admitted at Cosmos Hospital under treatment of orthopaedic

surgeon Dr. Anurag Agrawal (M.S) and was operated on 7.5.2019 by

Orthopedic surgeon Removal of metallic plate (round and solid piece)

from back of right shoulder. Surgical toileting and debridement of wound

over left shoulder, anterior Part C communicated fracture left clavicle

wound stitched and dressed.

Opinion: A/C above mentione