Court No. - 40
Case :- APPLICATION U/S 482 No. - 22410 of 2019 Applicant :- Chhotu @ Krishna Kumar Chaurashiya And Another Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Lakshmi Kant Pandey,Sandeep Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 31.10.2018 as well as entire criminal proceedings of S.T. No. 88 of 2019 arising out of Case Crime No. 204 of 2018, under Sections 323, 504, 452, 506 IPC and 3(1) (Da) of SC/ST Act, P.S. Suriyawan, District- Bhadohi, pending in the Court of Special Judge SC/ST Act/ 2nd Addl. Sessions Judge, Room No. 2, Bhadohi- Gyanpur, District- Sant Ravidas Nagar (Bhadohi).
As per the allegations made in the first information report, it is alleged that on 21.08.2018 at about 3 PM, the applicants have forcibly entered in the house of the first informant and assaulted them by kicks, fists and iron rod, due to which first informant- Akhilesh suffered serious injuries. The applicants also abused the first informant with the name of his caste with an intention to humiliate him in public view. On the basis of the FIR, police has thoroughly investigated the matter and submitted the charge sheet against the applicants, on which congnizance has been taken on 08.04.2019.
From the perusal of the allegations made in the First Information Report and the material collected during the course of investigation, prima facie offence is disclosed against the applicants, as such impugned charge sheet can not be quashed However, it is directed that if the applicants appear/ surrender before the court below and apply for bail, their prayer for bail shall be considered and decided as expeditiously as possible after giving an opportunity of hearing to both the parties.
Order Date :- 6.6.2019 KU