Court No. - 40
Case :- APPLICATION U/S 482 No. - 22392 of 2019 Applicant :- Dhananjay And 6 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Ashok Kumar Maurya Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicants with the prayer to quash the charge sheet dated3.4.2018 arising out of Case Crime No.0002/2018, under Sections 147, 323, 308, 452, 427, 504, 506, IPC and Section 3(1)(10) of SC/ST Act, P.S. Roeti, District Ballia, pending in the court of Additional Session Judge II, Ballia.
Learned counsel for the applicants has submitted that as per the allegations made in the FIR, it is alleged that on 28.12.2017 at about 1.00 p.m. the applicants had fallen down the wall raised by the victims and abused them with the name of their caste with an intention to humiliate them in public view and on account of the assault made by the applicants two persons have suffered injuries on their persons. On the basis of the allegations made in the FIR police thoroughly investigated the matter and submitted the charge sheet against the applicants on which the cognizance has been taken by Additional Session Judge II, Ballia and the applicants have been summoned to face trial.
From the perusal of the allegations made in the first information report and the material collected during the course of investigation particularly the injury report, prima facie offence is clearly disclosed against the applicants, as such impugned charge sheet cannot be quashed. The prayer for quashing the charge sheet is, therefore, refused.
However, in case the applicants appear/surrender before the court below within two weeks from today and apply for bail, their prayer for bail shall be considered and decided as expeditiously as possible after giving opportunity to both the parties.
With these observations, this application is disposed of. Order Date :- 6.6.2019 T. Sinha