Court No. - 52
Case :- APPLICATION U/S 482 No. - 7209 of 2019 Applicant :- Deep Narayan And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Surendra Mohan Mishra,Sandeep Kumar Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Surendra Mohan Mishra and Sri Sandeep Kumar Chaturvedi, 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 entire proceedings in Case No.2150 of 2017 (State Versus Deep Narayan and another) arising out of Case Crime No.221 of 2015 under Sections 307 and 504 I.P.C., Police Station Gola, District Gorakhpur as well as charge sheet dated 4.11.2015 along with cognizance order dated 15.02.2017, pending in the court of Judicial Magistrate-II, Gorakhpur.
The contention of learned counsel for the applicants is that the instant proceeding initiated by the opposite party no.2 smacks of mala fide and she has lodged F.I.R. as counter blast to the F.I.R. lodged from the side of the applicants. Therefore, the proceeding arising out of impugned charge sheet is nothing but an abuse of process of law and the proceedings may be quashed in exercise of power under Section 482 Cr.P.C.
Per contra, learned A.G.A. appearing for the State has submitted that in the present case the injured has sustained injury on his head. Thus prima facie, it cannot be said that no cognizable offence is disclosed against the applicants.
In view of aforesaid, I do not find any ground for interference in the instant application. It is bereft of merit and is, accordingly, dismissed.
Order Date :- 25.2.2019 MN/-