Court No. - 67
Case :- APPLICATION U/S 482 No. - 2531 of 2019 Applicant :- Brijesh Kumar Singh Opposite Party :- State Of U.P. And 3 Ors Counsel for Applicant :- Sudhakar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Learned counsel for the applicant is permitted to carry out necessary corrections in the memo of application during the course of the day.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed to quash the charge sheet dated 07.02.2016 in connection with case crime no.1476 of 2015 under Sections 147, 148, 149, 504, 353, 188, 171F IPC and 7 of Criminal Law Amendment Act, Police Station-Narahi, District-Ballia.
The contention advanced by learned counsel for the applicant is that the applicant is not named in the FIR nor any independent witness has taken the name of the applicant who participated in the commission of the offence. Out of jealousy that the applicant may not have come and attend the job, the Investigating Officer of the case, who is hand in glove of other social elements, has pasted certain allegations against the applicant and the police has submitted the charge sheet against the applicant. It is given to understand that the applicant has been bailed out.
However, the remedy provided to the applicant is that if the applicant moves an application within fortnight for discharge raising all the objections which have been taken by him in this application, the same shall be decided by the court concerned within a period of three weeks from the production of the certified copy of this order by well reasoned and speaking order strictly in accordance with law.
With the aforesaid observations, the present application stands disposed of.
Order Date :- 22.1.2019 Sumit S