Court No. - 73
Case :- APPLICATION U/S 482 No. - 16326 of 2019 Applicant :- Hausila And 2 Ors Opposite Party :- State Of Up And Another Counsel for Applicant :- Jawahar Lal Yadava Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 03.02.2015, in Case Crime No. 272 of 2014, under Sections- 323, 504, 506, 325 and 352 of IPC, P.S. Deedarganj, District Azamgarh.
It has been argued by learned counsel for the applicants that the impugned proceedings have been instituted on the basis of false complaint and the same is counterblast of the NCR lodged from the side of the applicants. The complainant has not sustained any injury and the injury report is concocted and false. It is argued that no case is made out against the applicants and the present proceedings against the applicants are abuse of the process of law.
Learned A.G.A. has opposed the application.
The perusal of FIR and statement of witnesses recorded during investigation, clearly disclose a prima facie cognizable offence against the accused applicants. The points raised by the learned counsel for the applicants requires appreciation of evidence and adjudication of questions of fact, which is not permissible under the jurisdiction of Section 482 Cr.P.C. After hearing the learned counsel for the parties and after perusing the averments made in the present application, no case for interference has been made out. The prayer as made above is hereby refused.
In view of the above, the present application is dismissed.
Order Date :- 25.4.2019/A. Tripathi