SANTOSH Vs. STATE OF U P
LAWS(ALL)-2008-3-150
HIGH COURT OF ALLAHABAD
Decided on March 13,2008

SANTOSH Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

AMAR SARAN, J. - (1.) THIS application has been filed for quashing a charge -sheet and criminal proceedings in case No. 56/9 of 2008 (State v. Sunil Son/), pending in the Court of Civil Judge (JD)/Judicial Magis ­trate, Court No. 3, Muzaffarnagar and al ­ternatively for a direction to the Court be ­low to accept fresh bail bonds under sec ­tion 307 IPC as the applicant had already secured bail under section 324 IPC etc.
(2.) I have heard Shri Viresh Mishra, learned Senior Advocate for the applicant and learned Additional Government Ad ­vocate for the State. The FIR was registered on the ba ­sis of an application under section 156(3) of the Code of Criminal Procedure (hereinafter referred to as the Code) alleg ­ing therein that on 18.9.2007 when the in ­formant Akshai Kumar accompanied by his friend Amit Sachdeva had gone to Sukratal for the purpose of a holy dip in the Ganga and were returning at about 2.30 P.M., by their Innova vehicle, a Skoda vehicle tried to overtake their vehicle after they had crossed Bhopa. As the informant's did not give a pass initially, subsequently when their Innova was overtaken by the appli ­cant's Skoda, 2 -3 men got down from the latter, and hurled abuses. When the infor ­mant's friend Amit got down to protest, one of the young men shouted that he thought too much of himself and he should be taught a lesson. At that time, the appli ­cant, whom they knew from before, took out a knife and began to assault Amit. When the informant and others raised a cry, then the applicant and other accused fled away in their vehicle. Amit was badly injured and severely bleeding from his hand and stomach. He was sent for medical examination to the Government Hospital, Bhopa, where looking to his serious condition he was referred to the District Hospi ­tal, Muzaffarnagar.
(3.) AS the police did not register the FIR for an attempt to murder of Amit even on application to the SSP, Muzaffarnagar dated 20.9.2007, thereafter the application as above was filed by the informant on 25.9.2007 under section 156(3) of the Code before the learned Magistrate by the infor ­mant, who directed the police to register and investigate the case.;


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