(1.) Heard Mr. Anoop Trivedi, learned Senior Advocate assisted by Ms. Ballabhi Shukla, learned counsel for the applicant, Mr. O.P. Singh, learned Senior Advocate assisted by Mr. Irfanful Huda, learned counsel for the opposite party No.2 as well as Mr. Aniruddha Sharma, learned A.G.A. for the State opposite party and perused the record.
(2.) The present 482 Cr.P.C. application has been filed with a prayer to quash the order dtd. 21/12/2021 passed by Additional District and Sessions Judge/Special Judge (Prevention of Corruption Act), Court No.01, District Gorakhpur, passed in Sessions Trial No.19 of 2015 (State Vs. Govind Yadav and others) arising out of Case Crime No.463 of 2014, under Ss. 147, 148, 149, 302, 386, 396 and 504 I.P.C., Police Station Khorabar, District Gorakhpur, pending in the court of Additional Sessions Judge/Special Judge (Prevention of Corruption Act), Court No.01, District Gorakhpur, with a further prayer to stay the further proceedings of the aforesaid case.
(3.) Brief facts of the case are that the brother of first informant, namely, Raju Yadav was allegedly shot by accused persons, namely, Govind Yadav, Suresh Yadav, Bablu Dubey on 8/8/2014. F.I.R. was lodged on 8/8/2014 in Case Crime No.463 of 2014, under Ss. 147, 148, 149, 307, 302, 386, 396 and 504 I.P.C., Police Station Khorabar, Distirct Gorakhpur.