RAJESH CHANDRA,J. - (1.) THIS application under Section 482, Cr.P.C. has been filed for quashing the order dated 8.6.2009 passed by the Addl. Sessions Judge/F.T.C. III, Rampur, framing charges under Sections 307/34, 504, 506, IPC in S.T. No.135/09, State v. Zakir Husain and others of P.S. Kotwali, District Rampur. It has further been prayed that the proceedings of the aforesaid Sessions Trial may be stayed.
(2.) IN brief the facts of the case are that one Rafat Yar Khan submitted a report at the police station Kotwali, District Rampur on 23.10.2006 at 12.20 a.m. alleging therein that on 23.10.2006 at about 11.15 p.m. when he was returning to his house and reached near the graveyard, accused Zakir Husain Khan and Wasim met him. They enquired from the complainant as to why he is not giving divorce to his wife. They stated that they will marry her somewhere else. The complainant refused to divorce her and stated that he wants to keep his wife with him. The accused-persons then used abusive language. Accused Zakir Khan fired, but the fire missed. Thereafter the accused Imran fired causing injuries on the arm and chest of the complainant. On an alarm being raised by the complainant, witnesses Wasim Khan, Naseem Khan were attracted to the scene of occurrence. After seeing the witnesses the accused persons stated "abki to bach gaya, dobara mauka milte hi mardenge" and fled away from the spot. After the charge-sheet was submitted, the Fast Track Court-III, Rampur charged the accused persons for the offence under Sections 307 read with 34, IPC and Sections 504, 506, IPC, vide order dated 8.6.2009 and it is against this order that the present application has been filed before this Court.
(3.) I have heard the learned counsel for the accused-applicants as well as the learned AGA.;