- (1.) Heard Sri Rajiv Lochan Shukla, learned counsel for the applicant, Sri Arvind Agrawal, learned counsel for the informant and the learned A.G.A.
(2.) This application u/s 482 CrPC challenges the orders dated 11.2.2015 / 30.4.2016 passed by the courts below, rejecting the final report and summoning the applicants under Section 307 IPC, as a state case.
(3.) The O.P. no.2 lodged an FIR on 5.11.2014 against the applicants as Case Crime no.373 of 2014 under Section 307 IPC, P.S. Eka, Firozabad alleging that on 3.11.2014, while his brother had gone to attend the Courts of S.D.M, Shikohabad and that of A.D.M, Firozabad and while he was returning on a motorcycle with his wife at about 5:30 P.M, the applicants on two motorcycles with 2 unknown gheraoed his brother threatened him and fired shots at him, who sustained grievous injuries and upon cries for help made by his sister-in-law, people arrived at the scene, whereupon the accused persons fled from the scene, the injured was taken to the Hospital at Eka, thereafter was referred to the District Hospital, subsequently in view of grievous head injuries, he was referred to Agra, where he is undergoing treatment at GG Medical. During investigation, statements of two witnesses, namely Raju Verma and Sandeep Sharma were recorded on 6.11.2014 and that of Mukesh Kumar Dubey, Advocate on 7.11.2014 and that of the scribe of the FIR/ Anil Kumar Gupta. On 8.11.2014, statement of the injured Rahul Kumar Gupta was also recorded, who provided the X-ray and CT Scan Reports to the police followed by the statement of his wife, i.e, Alka Gupta, an alleged eye-witness. On 9.11.2014, statements of Rajendra Singh Yadva, Babu @ Ashok and Ved Prakash were also recorded, who did not support the prosecution case. It is not disputed that there is chronic previous litigious history between parties with regard to properties, which persuaded the I.O, concerned to move an application before the District Magistrate that in view of suspicious nature of injuries, for constitution of a medical board, which was constituted on 17.11.2014 and the medical examination of the injured was conducted by the Medical Board, in which injuries were found to be simple in nature with no opinion as to the cause of injuries followed by the statements of the members of the Medical Board. On the aforesaid material, the I.O, was of the view that no offence under Section 307 IPC is made out, proceeded to submit a Final Report No.52 of 2014 before the Magistrate concerned on 7.12.2014. The informant/ O.P. no.2 filed a protest before the ACJM, Firozabad on 4.2.2015. The learned ACJM vide its order dated 11.2.2015, rejected the Final Report no. 52 of 2014 allowed the protest, took cognizance under Section 307 IPC and summoned the applicants as a state case.;