Court No. - 79
Case :- APPLICATION U/S 482 No. - 26606 of 2021 Applicant :- Ishant Kushwaha And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar,Kalp Dev Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
Heard Shri Pradeep Kumar learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed by the applicants for quashing the charge-sheet dated 18.9.2021 as well as entire proceedings of Case No. 247 of 2021 (State Vs. Ishant Kushwaha and another), arising out of Case Crime No. 301 of 2021, under Sections 147, 307, 504, 506, 34 I.P.C., Police Station-Kotwali, District Ghazipur as well as cognizance order dated 24.9.2021.
Learned counsel for the applicants submitted that this is a case of no injury but the charge-sheet has been filed by the Investigating Officer under Section 307 IPC along with other Sections. He further submitted that the applicants have been falsely implicated. He further submitted that the applicants are juvenile, therefore, kind indulgence of this Court is necessary.
Learned A.G.A. opposed the prayer of applicants and submitted that after detailed investigation, charge-sheet was filed and cognizance has been taken by the Juvenile Justice Board and there is no illegality in the impugned order.
Considering the argument of learned counsel for the applicants as well as learned A.G.A. and going through the record, it is evident that after detailed investigation charge-sheet was filed by the Investigating Officer and cognizance has been taken by the Juvenile Justice Board. The defence of the applicants cannot be considered at this stage.
The application lacks merits and is dismissed.
Order Date :- 20.12.2021 Shafique