Court No. - 83
Case :- APPLICATION U/S 482 No. - 9087 of 2021 Applicant :- Gagan Dubey And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kr Pandey Counsel for Opposite Party :- G.A.,Pankaj Srivastava,Zain Abbas
Hon'ble Rajeev Misra,J.
Heard Mr. Vinod Kr. Pandey, learned counsel for applicants and learned A.G.A. for State.
Supplementary affidavit filed by learned counsel for applicants in Court today is taken on record.
Perused the record.
This application under section 482 Cr.P.C. has been filed challenging charge sheet dated 19.1.2021 submitted by Crime Branch (Investigation Cell) District Jaunpur in Case Crime No. 58 of 2020, under sections 323, 504, 506, 427, 188 and 308 IPC, Police Station Sureri, District-Jaunpur, Cognizance Taking Order dated 20.2.2021, passed by Judicial Magistrate-II, Jaunpur upon aforesaid charge sheet as well as entire proceedings of consequential Case No. 2796 of 2021 (State Vs. Baliram Dubey and Others) arising out of aforementioned case crime number and now pending in the Court of Judicial Magistrate-II, District Jaunpur.
At the very outset learned A.G.A. has raised a preliminary objection by submitting that in respect of the incident which is alleged to have occurred on 14.9.2020 first informant/opposite party-2 Mahendra Pratap Singh lodged an F.I.R. dated 14.9.2020, which was registered as Case Crime No. 0058 of 2020, under sections 323, 504, 506, 427, 188 and 308 IPC, Police Station Sureri, District-Jaunpur, in which four persons namely, Baliram, Gagan, Shriram, Pradeep have been nominated as named accused.
Learned A.G.A. further submits that in respect of the same incident, another F.I.R dated 12.9.2020 has been lodged by Jai Prakash Dubey which was registered as Case Crime No. 56 of 2021, under sections 323, 504, 506, 427 and 188 IPC, Police Station- Sureri, District Jaunpur. In the aforesaid F.I.R. four persons namely, Suneel, Anil, Mahendra, and Raja have been nominated as named accused.
Learned A.G.A. therefore submits that in respect of same incident two F.I.R's have been lodged by parties. As such, occurrence is admitted to parties. On the aforesaid premise, learned A.G.A. contends that only issue which is required to be adjudicated is as to who is the aggressor. This issue can be considered by court below during course of trial and not by this Court in exercise of jurisdiction under section 482 Cr.P.C. In view of above, it is thus urged that no case for indulgence by this Court is made out in present application.
When confronted with above, learned counsel for applicants could not overcome the same.
In view of above, present application fails and is liable to be dismissed.
It is accordingly dismissed.
Order Date :- 27.9.2021 Arshad