Amar Singh Chauhan, J. - (1.) Heard Shri O.P. Singh, Senior Advocate, assisted by Shri S.K. Rao, learned counsel for the applicants, learned A.G.A. for the State, Shri Aalok Kumar Srivastava, learned counsel for the opposite party no. 2 are present and perused the material on record.
(2.) The applicants through this application moved under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with a prayer to quash the impugned order dated 3.11.2006 in S.T. No. 7 of 2006 (State Vs. Phulena and others), arising out of Case Crime No. 1730 of 2005, under Section 302, 147, 148, 506 I.P.C., P.S. Tarkulwa, District Deoria whereby the application under Section 319 Cr.P.C. was allowed and applicants were summoned to face the trial and further prayed to stay the proceeding in the aforesaid case.
(3.) Brief facts which are requisite to be stated for the adjudication of the application are that first information report was lodged on 30.6.2005 of the incident dated 29.6.2005 at about 8 p.m. with the allegation that informant along with his son were sitting on Dhotha, by that time the accused Jagdish, Phulena, Bhola and two others miscreants, resident of Village Khotaha, Gopalganj, Bihar came there and on the exhortation of the accused Jagdish, they assaulted his son by tangi, knife, lathi and bhala. During treatment, his son succumbed to injury and two accused namely Naga and Vidyanand were caught hold by the public on the spot. The Investigating Officer after concluding the investigation, submitted the chargesheet against co-accused Phulena, Naga and Vidyanand under Section 302 and 506 I.P.C. The applicants were exonerated by the Investigating Officer but during trial, application was moved under Section 319 Cr.P.C. for summoning the applicants. After recording the statement of complainant Sheetal (P.W.1) that applicants also asaulted the deceased by lathi and on being heard, the application was allowed by the trial court and applicants were summoned to face the trial.;