Court No. - 65
Case :- APPLICATION U/S 482 No. - 15467 of 2019 Applicant :- Dharmu Chauhan And 7 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sudhir Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been filed seeking the quashing of the charge sheet dated 1.1.2014 as well as the entire proceedings arising out of Case Crime No. 153 of 2013, u/ss 147, 148, 323, 504, 506,452, 336 and 379 IPC, P.S. Ubhawn, District Ballia pending in the Court of Judicial Magistrate-I, Ballia.
Heard applicants' counsel and learned AGA. Entire record has been perused.
Learned counsel for the applicants at the very outset has not pressed the prayer seeking the quashing of the charge sheet and the entire proceedings. The only submission raised by the learned counsel for the applicants is that the applicants want to argue the matter on the point of framing of charge/discharge before the lower court and in that regard some direction may be given to the lower court.
In view of the submissions made by the applicants' counsel, the prayer for quashing of the charge sheet and the entire proceedings stands dismissed.
So far as the prayer for discharge/framing of charge is concerned, in this regard it may be observed that under the statutory scheme of law there is a stage where the Court decides upon the appropriateness of framing the charge against the accused after hearing them or pass order of discharge. If under appropriate section at appropriate stage the applicants move before the court below seeking their discharge it is expected that the court shall adjudicate upon the same in accordance with law. For this purpose no additional judicial order is required.
With the aforesaid observations, the application is disposed off.
Order Date :- 29.4.2019 CPP/-