Court No. - 65
Case :- APPLICATION U/S 482 No. - 8294 of 2006 Applicant :- Bhusan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Pathak Counsel for Opposite Party :- Govt. Advocate
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned AGA for the State.
2. Present application u/s 482 Cr.P.C. has been filed to quash the proceedings in Criminal Case No. 1161 of 2004, under Sections 279, 338 of I.P.C., pending in the court of A.C.J.M., Deoband, District Saharanpur.
3. Submission of learned counsel for the applicant is, the applicant was not named in the First Information Report and that the FIR was lodged against unknown persons. Only on the basis of wholly false statement recorded upon the protest petition being filed, the applicant was summoned.
4. Perusal of the record reveals that the FIR in Case Crime No. 459 of 2003 (giving rise to the present prosecution) was lodged by Dharampal Singh, who is the brother of the informant. While final report may have been submitted by the police on such FIR being registered, it cannot be disputed that upon protest petition being filed, statement of Ramveer Singh came to be recorded under Section 202 Cr.P.C., wherein specific role assignment was made against the present applicant. It has been alleged by Ramveer Singh that the applicant was driving the tractor that was involved in the incident.
5. At present, there is nothing to disbelieve the statement made or to declare the same false. Sufficient opportunity would be available to the applicant to cross-examine the prosecution witnesses and to lead such evidence as he may desire in the course of trial.
6. Leaving all courses open to the applicant and without drawing any inference of fact, the present application is devoid of merit and is accordingly dismissed.
Order Date :- 27.10.2021 Prakhar