Court No. - 27
Case :- APPLICATION U/S 482 No. - 1577 of 2019 Applicant :- Jitendra Kumar Shukla And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Daya Shanker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Saral Srivastava,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 charge sheet no.283 of 2018 dated 22.07.2018 in case crime no.1023 of 2016, under Sections 364, 302, 201, 120B I.P.C., P.S. Noida Sector 39, District Gautam Budh Nagar.
The F.I.R. was lodged by the opposite party no.2 Lalman Dwivedi for the murder of his brother Mintu alias Shiv Sharan. After investigation, the Police has filed charge sheet. under Sections 364, 302, 201, 120B I.P.C. The applicants have been enlarged on bail by the court below.
Learned counsel for the applicants has contended that the names of the applicants were not in the FIR and without there being any material against the applicants, charge sheet has been filed by the Police against the applicants also.
Per contra, learned A.G.A. submits that the offence has been committed by the accused and the applicants were also accomplice in the said offence.
I have considered the rival submission of the parties and perused the record.
The contention advanced by the learned counsel for the applicants are disputed questions of fact and requires appreciation of evidence which cannot be adjudicated by this Court in a proceeding under Section 482 Cr.P.C. Consequently, present application lacks merit and is dismissed.
Order Date :- 21.1.2019 S.Sharma