Court No. - 49
Case :- APPLICATION U/S 482 No. - 4156 of 2021
Applicant :- Jagdev
Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
1. None for the applicant. Learned AGA for the State.
2. None had appeared on behalf of the applicant on 30.06.2021 despite sending video conferencing link to the applicant.
3. Today, when case is listed for physical hearing, then also nobody is appearing for the applicant.
4. Filed perused with the help of Sri Gambhir Singh, learned AGA for the State.
5. This application has been filed seeking quashing of Chargesheet No.537 of 2020 dated 12.09.2020, cognizance order dated 12.10.2020 as well as the entire proceedings of Case No.10643 (State vs Jagdev) arising out of Case Crime No.69 of 2020, under Section 302/34 IPC, Police Station Kosikala, District Mathura pending in the court of Chief Judicial Magistrate, District Mathura.
6. Quashing has been sought merely on the ground that in the post mortem report, cause of death has been shown as due to asphyxia as a result of hanging. Placing reliance on this post mortem report, it is submitted that no case under Section 302 IPC is made out.
7. Leaned AGA, in his turn, submits that as per version of the FIR, brother of the complainant, namely, Vishnu was dragged by Prem Singh and Jagdev Singh when he was going to the shop of Pooran to purchase certain commodities on 07.12.2019 at about 8:00 am and he was dragged through rope tied in his neck to the house of village pradhan Bacchu Singh, where he was beaten. It is mentioned in the FIR that on 06.02.2020, Vishnu had left his home to visit a temple but he did not return and on 12.02.2020 at about 10 am, his body was found on way to village Badangarh, Khera.
8. It is submitted by learned AGA that dead body was not found hanging but was found lying on the ground on 12.02.2020 and, therefore, contents of the post mortem report cannot be accepted as a gospel truth and they will be always subject to the cross-examination of the doctor who conducted post mortem.
9. After hearing learned AGA for the State and perusing the record, prima facie, it does not appear to be a good case for quashing of the chargesheet and the consequent orders of cognizance as none of the grounds mentioned in the case of State of Haryana and Others vs. Bhajan Lal and Others, 1992 Supplementary (1) SCC 335 are made out.
10. Application fails and is dismissed.
Order Date :- 30.7.2021 Ravi/-