Court No. - 49
Case :- APPLICATION U/S 482 No. - 13788 of 2018 Applicant :- Brajesh Kumar Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ramesh Kumar Chaurasia Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State as also perused the record.
The present 482 Cr.P.C. application has been filed to quash the charge sheet no. 93 of 2017 dated 16.05.2017 and the entire proceeding of Case No. 2295 of 2017 arising out of Case Crime No. 551 of 2017, under Sections- 379, 411, 419, 420, 467, 468, 471, 41, 414 I.P.C., Police Station- Kotwali, District- Ballia, pending in the court of Chief Judicial Magistrate, Ballia.
Learned counsel for the applicant submits that neither any recovery has been made from the applicant nor he has been named in the FIR. It is further submitted that there is no public witness. He further submits that the applicant has already been enlarged on bail. Also, it has been submitted that since there is no public witness, therefore, the entire proceeding against the applicant may be quashed.
Learned AGA points out that many stolen two wheelers were recovered from the spot where the applicant was arrested alongwith co-accused.
In view of the above, no interference is required at this stage. The application lacks merit and is accordingly dismissed.
Last, it has been submitted that the applicant is a juvenile. In that event, it would be open to the applicant to file appropriate application before the Juvenile Board.
Order Date :- 24.4.2018 Lbm/-