Court No. - 79
Case :- APPLICATION U/S 482 No. - 42983 of 2019 Applicant :- Har Prasad Alias Pappu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Karunesh Narayan Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the impugned order dated 19.08.2019 passed by Additional Session Judge-VI, Bareilly in S.T.No.244 of 2019 (State Vs. Rajendra and others), arising out of Case Crime No.477 of 2016, under Sections 308, 325, 504 I.P.C., P.S. Bhojipura, District Bareilly.
Brief facts giving rise to this application are that the first information report was lodged against the applicant and other co-accused persons on 09.08.2016 alleging that the applicant along with other co-accused have assaulted with sharp edged weapon the son and brother of the complainant. The police investigated the matter and submitted the charge sheet against the applicant and other co-accused persons under Section 308, 325 and 504 I.P.C. The applicant moved an application before the trial court for verifying the hand writing of the writer of the first information report, which was rejected by the trial court vide impugned order dated 19.08.2019.
The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention. He further submitted that the trial court has rejected the aforesaid application of the applicant in a mechanical manner.
Learned A.G.A. has vehemently opposed and submitted that the learned trial court has rightly passed the impugned order and there is no abuse of process seen in the impugned order.
After considering the rival submissions and after considering the entire facts and circumstances of the case, the Court is of the view that the impugned order passed by the trial court on the application moved by the accused, in which it was prayed that the handwriting of the scribe of the FIR be taken and it be got scientifically examined by the handwriting expert because the chik FIR was not in the handwriting of the first informant. The trial court has rejected the application after observing that there is no sufficient ground in the application to proceed with. The trial court has also opined that the application on which the impugned order was passed, was submitted just to delay the trial. The information was given by the first informant Dharampal Singh and it was simple narration of the incident and first information report is a simple information given to the police to proceed with the matter. Whether the first information report has been written by Dharampal Singh or it was got scribed by someone else, is not of much relevance as evidence has been led in the trial by the prosecution and there is no abuse of process seen in the impugned order and there is no apparent illegality is seen in the impugned order.
The application lacks merit and is accordingly dismissed.
Order Date :- 28.11.2019 R./