Court No. - 76
Case :- APPLICATION U/S 482 No. - 45608 of 2019 Applicant :- Bhagwant Singh And 2 Other Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ghanshyam Ojha,Abhishek Ojha Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Supplementary affidavit filed on behalf of the applicants in Court today is taken on record.
Heard Mr. Abhishek Ojha, learned counsel for the applicant and the learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 1st September, 2018, cognizance taking order dated 4th October, 2019 and summoning order dated 3rd December, 2019 (a copy of which has been filed along with supplementary affidavit) passed by Additional Chief Judicial Magistrate First, Court No.12, Jaunpur in Case No. 2382 of 2019 (State of U.P. Vs. Bhagwant Singh & Others), arising out of Case Crime No. 280 of 2019, under Sections 323, 427, 452 and 504 I.P.C., Police Station-Mariyahun, District-Jaunpur.
Learned counsel for the applicants submits that the entire prosecution story is false and fabricated. Opposite party no.2, who happens to be sister-in-law (Bhabhi) of applicant no.1 has lodged the first information report against the applicants with the allegation that due to dispute between the parties qua house and shops on 16th August, 2019 at about 05:00 p.m. the accused persons came to the house of opposite party no.2, using abusive language, beaten the opposite party no.2 due to which she fell down and sustained internal injuries. It is further alleged that the applicants had destroyed the goods of opposite party no.2 amounting to Rs. 5,0000/-. Learned counsel for the applicants further submits that the Investigating Officer without making statutory investigation as per Chapter XII Cr.P.C. and without recording statement of independent witnesses has submitted the charge- sheet against the applicants. It is further submitted that the real fact is that since opposite party no.2 has no house or land for herself and her husband was missing since long back, applicant no.1 being Devar has given a part of house to opposite party no.2 for her life time as per a written compromise dated 23rd January, 2018 but the opposite party no.2 was not happy with the same and she wanted more part of house and shop. For obtaining the same, opposite party no.2 used to create hindrance in the peaceful possession of the applicants due to which applicant no.1 filed a suit for permanent injunction before he Civil Judge (Senior Division), Jaunpur which has been registered as Suit No. 877 of 2006, a copy of which has been enclosed as Annexure-6 to the affidavit accompanying the present application. The investigation Officer has also not collected any evidence on the basis of which it can be said that the applicant has committed any fraud. No criminal offence is made out against the applicant and the present case is a civil in nature. Learned counsel for the applicants, therefore, submitted that the present criminal proceedings initiated against the applicants are not only malicious but also amount to an abuse of the process of the Court.
In view of the above, matter requires consideration.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
Issue notice to opposite party no.2 returnable at an early date.
Opposite parties may file their counter affidavits within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List thereafter.
Till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid criminal case.
(Manju Rani Chauhan, J.) Order Date :- 18.12.2019 Sushil/-