- (1.) By means of the present petition under section 482 Code of Criminal procedure Code (for short Cr.P.C.), the petitioners have prayed for quashing the order impugned dated 7.11.2007 passed by Additional Sessions Judge,court No. 17, Lucknow in Sessions Trial No. 346 of 2006 State Vs. Rajveer and another, by which present petitioners were summoned under section 319 Cr.P.C. to face trial under sections 307, 506 and 120 IPC.
(2.) Brief facts for deciding this petition are that a first information report was lodged by one Ramendra Kumar Yadav against accused persons Rajveer, Amrendra including petitioners Amar Singh and Rajendra Singh on 20.4.2005 at 1.40 p.m. alleging therein that on 20.4.2005 at 9.00 a.m. he was going to attend the court case at Lucknow on his motor cycle having registration no. U.P. 32 A.L.-5133 alongwith his younger brother Babloo alias Balram Yadav. When they reached Saraiya turn and turned towards Khandanja, Rajveer son of Amar Singh and adopted son Putti Lal, Amrendra son of Munni Lal resident of Noor Nagar Madars and two others came on two motor cycles from behind. Accused persons Rajveer and Amrendra were armed with fire arms. They fired upon his brother Babloo alias Balram Yadav with intent to kill him. Babloo alias Balram Yadav received injuries. He raised alarm. After hearing the cries, his younger brother Sher Bahadur and the persons working in the nearby fields, namely Dasrath and Indrapal came to rescue Babloo alias Balram Yadav. The accused persons after extending threats to life escaped making fires from the spot. It has been suspected in the FIR that Rajveer's father Amar Singh and Rajveer's uncle Rajendra Singh, who are in jail, have old enmity with the informant, hatched conspiracy to commit murder and manged this incident. It was stated that earlier, the accused persons extended threats to kill him and his brother.
(3.) After investigation, no charge-sheet has been filed for the alleged conspiracy against the petitioners who are named in the FIR. The trial proceeded. After recording the statements of witnesses on the application moved on behalf of prosecution, the present petitioners have been summoned by the trial court by the impugned order. Aggrieved with the same, this petition has been filed under section 482 Cr.P.C.;