Court No. - 17
Case :- APPLICATION U/S 482 No. - 10144 of 2018 Applicant :- Jiya Lal And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pramod Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This Application under Section 482 Cr.P.C. has been filed for quashing the Criminal proceedings of Case No. 575 of 2017 (State Vs. Jiya Lal and others) arising out of N.C.R. No.6 of 2016 under Sections 323 and 504 I.P.C., P.S. Machhalishahar, District Jaunpur.
The contention of learned counsel for the applicants is that the N.C.R. has been lodged after a delay of 36 days to implicate the accused applicants falsely by O.P. No.2; the injury memo also does not show any injury caused to the injured persons, only plaster has been found by the doctor on the alleged injury; the N.C.R. was lodged against the present accused applicants on 8.12.2015 pursuant to which, the investigation was made according to law and a charge-sheet has been filed against the present accused applicants on 7.12.2016 under Sections 323, 504. In-fact O.P. No.2 and her companions had assaulted the accused applicants and no assault was made by the accused applicants on the O.P. No. 2; to prove this point, statements of the complainant as well as the other witnesses have also been read out in court to show discrepancies in the statements and on the basis of that, it is alleged that entire case is false and concocted one.
Learned A.G.A. has vehemently opposed the prayer Heard learned counsel for the applicants and learned A.G.A.
According to the F.I.R., O.P. No.2 was beaten on 8.12.2015 at about 12.00 in the noon by the accused applicants which resulted in fracture in finger on her right hand which was plastered by the doctor. On the basis of the said F.I.R., the police investigated the case and has submitted the charge-sheet which discloses the offence made out under the afore- mentioned sections. This Court cannot enter into the factual aspect of the matter in proceedings under Section 482 Cr.P.C., the same being in the domain of the trial court.
The contention of the learned counsel for the applicants that this is a counter-blast, cannot be seen at this stage. No justifiable reason is found to quash the proceedings of the present criminal case.
This said prayer deserves to be rejected.
The prayer for quashing the proceedings is refused and this application under Section 482 Cr.P.C. is, accordingly, dismissed.
Order Date :- 29.3.2018 A. Mandhani