- (1.) Heard Sri S. K. Tiwari, learned counsel for applicants, learned AGA for State and perused the material available on record.
(2.) Applicants have invoked jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as " Cr.P.C .") challenging the order dated 07.09.2017, passed by Additional District Judge (FTC-1), Gautam Budh Nagar, in Sessions Trial No. 377 of 2016, Crime No. 791 of 2015, State v. Titu and Another, under Sections 307, 325, 323 IPC, Police Station Surajpur, District Gautam Budh Nagar, whereby applicants have been summoned to face the trial under the aforesaid Sections and the order has been passed on the application under Section 319 Cr.P.C.
(3.) Learned counsel for applicants submits that applicants have been falsely implicated in the present case, they have committed no offence and prosecution story is false and fake. It has been further submitted that although applicants are named in the FIR but during investigation, Investigating Officer collected the evidence and found no offence against the applicant and submitted charge sheet against other accused exonerating the applicants; Trial Court wrongly appreciated and summoned the accused invoking jurisdiction under Section 319 Cr.P.C. without proper application of mind. It has been further submitted that one day prior to this incident Informant teased the wife of the applicant, for which, applicants lodged an FIR against him in the Police Station concerned, therefore, in reaction thereof present FIR was lodged against the applicants. It has been further submitted that CCTV footage, involvement of applicants of commission of crime was not found only they were found standing there at the time of incident on the spot and without active participation in the crime is not an offence. He showed some documents and statement in support of his contention.;