- (1.) Applicants, through this application under section 482 Code of Criminal Procedure (in short, Code) seek quashing of supplementary charge-sheet dated 4.10.2013 (charge-sheet no. 233-A of 2013) arising out Case crime no. 280 of 2013 under sections 147, 323, 452, 307, 506, 307, 302 Indian Penal Code (in short, IPC), Police Station Sector-39 NOIDA, District Gautam Buddh Nagar and cognizance order dated 23.10.2013 passed by Additional Chief Judicial Magistrate II, Gautam Buddh Nagar.
(2.) It appears that one Ravindra Kumar lodged a First Information Report (in short, FIR) bearing Case crime No. 280 of 2013, under sections 147, 323, 452, 307, 506 IPC at Police Station Sector-39 Noida, District Gautam Buddh Nagar, alleging that applicants along with their companion Nandan, suddenly arrived at the residence of one Ravi Dutt where informant and his deceased brother Hari Om were also sitting. Accused persons armed with deadly weapons attacked them causing grievous injuries to Hari Om, Ravi Dutt and informant Ravinder. Accused persons managed to flee using fire-arms despite the arrival of several witnesses. It is further stated that one Sonu, neighbour of informant also sustained fire-arm injury in the same incident. The matter was investigated and thereafter a charge-sheet no. 233 of 2013 was submitted against six persons, namely, Dev Karan, Yogesh, Subey, Balveer, Arvind and Shrawan (applicants) wherein cognizance was taken by the Magistrate on 7.9.2013.
(3.) Injured Hari Om Tyagi, admitted to Jai Prakash Narayan Apex Trauma Centre on 7.4.2013, subsequently died. This information was furnished to the concerned Police Station therefore, a criminal case under section 302 IPC was added in Case crime no. 280 of 2013 and further investigation was initiated. Further investigation was entrusted to S.I. Dharmender Chauhan. After conducting further investigation, a supplementary report (charge-sheet) bearing no. 233-A of 2013 in same Case crime no. 280 of 2013 under sections 147, 323, 452, 307, 506, 302 IPC was submitted in which cognizance was taken by learned Additional Chief Judicial Magistrate on 23.10.2013. This supplementary charge-sheet and supplementary cognizance taken thereon are under challenge before this Court.;