Court No. - 73
Case :- APPLICATION U/S 482 No. - 1022 of 2019 Applicant :- Anees Ahmad And 4 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Sri Jai Prakash Prasad and Sri Shahabuddin, Advocates have filed Vakalatnama on behalf of opposite party no. 2, which is taken on record.
Heard learned counsel for the applicants, Sri Jai Prakash Prasad, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed for quashing the S.T. No. 446 of 2017, arising out of Case Crime No. 138 of 2017, under Sections 147, 148, 149, 307, 504 I.P.C., Police Station Bhot, District Rampur, Charge Sheet dated 04.08.2017 cognizance taken on 06.10.2017, pending in the court of IIIrd Additional District Judge, Rampur.
The contention of learned counsel for the applicants is that It is cross case arising out of the same incident and cross F.I.Rs. have been lodged from both sides. It is further submitted that even after receiving firearm injury, the F.I.R. has been lodged after three days from the date of the incident. It is next submitted that there is no explanation of three days delay in lodging the F.I.R. after receiving serious injuries, therefore, the present proceedings is liable to be quashed.
Learned counsel for the opposite party no. 2 as well as learned A.G.A. has disputed the aforesaid facts and submitted that the trial is going on. It is further submitted that examination-in-chief and cross examination of PW-1 has been completed and examination-in-chief of PW-2 Anwar has been completed and cross examination is going on. It is further submitted that there is no stage for challenging the F.I.R. They prayed that the present application may be dismissed by expediting the trial of the aforesaid case.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen. No case for interference is made out. The application is accordingly dismissed.
Order Date :- 22.1.2019 Rmk.