Court No. - 49
Case :- APPLICATION U/S 482 No. - 10753 of 2021 Applicant :- Anand Kumar Dubey And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avdhesh Narayan Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
1. None for the applicants. Matter was adjourned on 15.7.2021 on request of Sri A.N. Tiwari, learned counsel for the applicants so to prepare the matter. On 22.7.2021 nobody appeared for the applicant and with a view to grant another opportunity, matter is listed today. This is third time, counsel for the applicant is not appearing to argue this matter on its own merit. Therefore, file is perused with the help of Sri Janardan Prakash, learned AGA for the State.
2. This application under section 482 has been filed seeking quashing of the impugned charge sheet dated 20.3.2018, summoning order dated 26.11.2018 and entire proceeding ensuing thereafter in Case No. 1213 of 2018 (State Vs. Anand Kumar and others) arising out of Case Crime No. 310 of 2017, under section 323, 504, 506 IPC, police station - Kuthaund, District Jalaun pending in the court of Judicial Magistrate, Jalaun.
3. Learned AGA Submits that earlier applicant had filed application under section 482 No. 39336 of 2019, but had withdrawn that application with liberty to file better one. This order of withdrawal is dated 5.2.2019. Second application filed after more than 16 months of the order of withdrawal dated 5.11.2019. No reason has been assigned for delay in filing better petition. However, perusal of the FIR dated 8.12.2017 reveals that there are specific allegations on the applicants. Statement of independent witness available on record do demonstrate commission of cognizable offence. Merely on the basis of medical report which shows simple injuries, no ground is made out for quashing of the charge sheet under section 323, 504 and 506 IPC in the light of law laid down in case of State of Haryana and others Vs. Bhajan Lal and others, 1992 SCC (CRI) 426. Application fails and is dismissed.
Order Date :- 16.8.2021 S.K.S.