SHASHI KANT GUPTA, J. - (1.) THIS application under section 482 Cr.P.C. has been filed by the applicant for quashing the impugned order dated 14.7.2008 passed by Additional Session Judge (Court. No. 5) Banda, framing charges against the appli­cant under section 304/324 I.P.C. In Session Trial No. 106 of 2008 State of U.P. v. Kamta Prasad @ Pappu.
(2.) THE brief facts in nut shell are as follows: First information report dated 27.1.2008 had been lodged against the ap­plicant alleging that while the Tilak Cere­mony of Shiromani Kahar was going on, one Rajaram and Kamta Prasad @ Pappu (applicant) were also present and the ap­plicant was under the influence of liquor, opened fire negligently by a Country made Pistol, which hit Rajaram and Kamta Prasad standing nearby Rajaram ultimately succumbed to his injuries and the driver Kamta Prasad was admitted in the District Hospital. The registration of first information report was followed by a charge-sheet and the Investigating Officer took state­ment of various witnesses. Learned Magis­trate after taking cognizance of the matter committed the case to session. The Addi­tional District and Sessions Judge, Banda by order dated 14.7.2008 has framed charges under section 304/324 IPC against the applicant and proceeded for trial. Hence, the present application.
(3.) IT is submitted by learned Counsel for the applicant that the impugned order dated 14.7.2008 framing the charges under section, 304-324 IPC are totally illegal, arbi­trary, unjust and against the material evi­dence on record and has been framed without proper appreciation of material on record.;