Court No. - 72
Case :- APPLICATION U/S 482 No. - 3512 of 2019 Applicant :- Jogendra Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manoj Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsels for the parties.
This application U/s 482 Cr.P.C. is directed against the charge sheet dated 16.10.2018 arising out of Case Crime No. 1031 of 2018, under Sections 147, 148, 149, 307, 323, 504, 506 IPC, P.S. Loni Border, District Ghaziabad.
Briefly stated the facts are that the first information report was got lodged at the instance of Km. Poonam, the complainant who is injured also, as against the eleven persons out of which nine were named whereas, two unknonw. The other persons who were named in the FIR were alleged to have carried arms. The role assigned to the applicant was only to the extent of physical assault and no particular arm has been assigned to him.
The argument is that he has been falsely implicated in the case and just because of the company, he was in, that was named in the FIR, otherwise he has no role attracting the provisions as compared to those who have been alleged to have carried fire arms. It is also sought to be argued that injury report clearly indicates that the persons who were assigned carrying arms, have caused injury and there is no role of the applicant in the commission of alleged offence.
In the opinion of the Court, as the charge sheet has come to be submitted under Sections 147, 148, 149, 307, 323, 504, 506 IPC, it is not the stage to exercise such discretion to appreciate the evidence to form an opinion as to whether the report submitted by the police resulted in framing the charge against the applicant is vitiated for faulty investigation. It is always open for the applicant to apply for discharge at the time of framing of charge. The Court therefore, declines to interfere in the charge sheet at this stage.
The present 482 Cr.P.C. application lacks merit and is hereby rejected.
Order Date :- 29.1.2019 IrfanUddin