Court No. - 86 Case :- APPLICATION U/S 482 No. - 19161 of 2020 Applicant :- Dayashanker And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Shahanshah Khan Counsel for Opposite Party :- G.A.
Hon'ble Jayant Banerji,J.
Heard learned counsel for the applicants and Smt. Alpana Singh, learned A.G.A. for the State.
This case has been filed with the following prayer:
"It is therefore, most respectfully prayed that this Hon'ble High Court kindly may be pleased to allow this application and quash the charge-sheet dated 17.05.2020 in case crime no. 52 of 2020 U/S 147, 323, 504, 506, 325 and 308 IPC P.S. Jigna District-Mirzapur and also quash the cognizance order dated 15.06.2020, otherwise applicants deprived from justice."
The contention of learned counsel for the applicants is that the applicants had lodged an FIR on 23.04.2020 against opposite party no.2 and other persons under sections 147/452/323/504/506/392/380 IPC which was registered as FIR No. 0051 of 2020. On the same date, subsequently, another FIR under sections 147/323/504/506/325/308 IPC bearing FIR No. 0052 of 2020.
The contention of learned counsel for the applicants that the FIR was lodged against the applicants only as a counter blast and was registered against them only due to the clout that opposite party no.2 enjoys in that area.
Learned A.G.A. on the other hand, has opposed this application.
However, considering the facts of the case, it is directed that in case the applicants file an appropriate application before the court below, the application shall be considered by the court below in accordance with law and expeditiously.
For a period of 15 days from today, no coercive steps shall be taken against the applicants.
With the aforesaid observations, this application is disposed of.
Order Date :- 6.1.2021/Madhurima (Jayant Banerji, J.)