- (1.) Heard Mr. Farooq Ayoob, learned counsel for the applicant, Mr. Vinod Kr. Pandey, learned counsel for the opposite party No.2, Mr. Aniruddh Singh, learned A.G.A. for the State.
(2.) This application under Section 482 Cr.P.C. has been filed by the applicant for quashing impugned order dated 18.05.2019 passed by Additional District and Sessions Judge, Barabanki (FTC) Court No.37, in Sessions Trial No.160 of 2016, under Section 311 Cr.P.C. arising out of Crime No.385 of 2015 under Sections 302/201 I.P.C. Police Station Mohammadpur Khala, District Barabanki.
(3.) Learned counsel for the applicant has submitted that the opposite party No.2. lodged the First Information Report as Case Crime No.385 of 2015, under Sections 302 and 201 I.P.C. Police Station MohamandPur Khala, District Barabanki against one unknown person. In the FIR, it is alleged that the younger sister of informant aged about 18 years was studying in Jagriti Inter College, Suratganj. On 14.12.2015 she went for easing and when she did not come back, then the search was made and at about 11:30 a.m. it was informed by someone that a body of a girl is lying in the field of Arhhar, then informant and his younger brother along with other villagers rushed to the said place, where the body of his sister was lying in the said field and blood was coming from her mouth. On their apprehension that his sister was killed by throttling and the body was thrown in the field. After investigation, the chargesheet was filed against the applicant. After taking cognizance on the chargesheet, the case was committed to the trial court which was registered as Sessions Trial No.160 of 2016 and the charges were framed against the applicant and the trial was proceeded.;