Court No. - 64
Case :- APPLICATION U/S 482 No. - 22536 of 2019 Applicant :- Abhishek Goyal And 2 Others Opposite Party :- State Of U.P. And Anothe Counsel for Applicant :- Ashish Mohan Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application under Section 482 Cr.P.C. has been filed seeking quashing of the entire proceedings of Case No. 107 of 2018, State versus Abhishek and others, arising out of Case Crime No. 0260 of 2017, under Sections 323, 504 and 325 IPC, P.S. Dibai, District Bulandshahr pending in the court of Addl. Chief Judicial Magistrate, Anoopshahar, Bulandshahr.
The point raised by the learned counsel for the applicants is that earlier there was NCR in the case but subsequently an F.I.R. was also lodged which could not have been done and there is procedural irregularity in the matter which shall go to vitiate the cognizance in the case and the proceedings which are going on against the applicants.
Heard the learned AGA and perused the record.
What transpires from the record is that in view of the medical examination and the grievous injuries found on the body of the victim another case was registered. Ordinarily, the police could also have converted the same case and amended the sections that would have been more conventional to proceed in the matter. But in any case, the charge sheet has been submitted on the basis of material collected by the investigation which includes the medical examination of the victim and if the cognizance has been taken upon the same material, the same shall not go to vitiate the cognizance in the case just because the NCR has also been filed earlier. The applicant has not been prosecuted in this case earlier and it can not also be said that he is being prosecuted twice in the court. The irregularity that has been pointed out does not appear to have such impact which may go to vitiate the impugned proceedings.
The application lacks merit and stands dismissed.
Order Date :- 25.7.2019 CPP/-