Chandra Dhari Singh, J. - (1.) By means of Criminal Misc. Case No.3855 of 2013 filed under Section 482 of Criminal Procedure Code (in short "Cr.P.C."), the petitioner Siya Ram Saran Aditya has challenged the order dated 16.08.2013 passed in Criminal Revision No.164 of 2012 by the Additional Sessions Judge/ Special Judge (SC/ ST Act), Lucknow, whereby the criminal revision preferred by the petitioner has been dismissed affirming the order 26.03.2012 passed in Case No.3/ 12, R.C. No.7(S)/ 2008, under Sections 147, 148, 302, 307, 342, 504, 506 IPC, Police Station CBI (ACB), Lucknow by the Special Judicial Magistrate (CBI), Lucknow by which the protest petition filed by Sri Ram Gopal (complainant) was accepted and summoned the petitioner along with other co-accused persons under Sections 34, 304(2) and Section 326 IPC.
(2.) Petitioners of Criminal Misc. Case No.5430 of 2013 filed under Section 482 of Cr.P.C. have also prayed for quashing of the order dated 26.03.2012, whereby they have been summoned under the said sections by the learned special Judicial Magistrate (CBI), Lucknow.
(3.) As common question of law and facts arise in both these petitions filed under Section 482 of Cr.P.C. and arises out of common impugned judgment and order, therefore, both the petitions are being decided together by this common judgment and order.;