Court No. - 86
Case :- APPLICATION U/S 482 No. - 19125 of 2020 Applicant :- Kapil Dev Tiwari And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dileep Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Jayant Banerji,J.
Heard learned counsel for the applicants and Sri Vikas Goswami, learned A.G.A. for the State.
This application has been filed with the following prayer:
"It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the Charge Sheet No. 29/2020 dated 09.03.2020 in Case No. 268 of 2020 (State Vs. Kapil Devi Tiwari and Another), arising out of Case Crime No. 11 of 2020 under Section 147, 148, 149, 307, 506 I.P.C., Police Station- Bara, District-Prayagraj, pending before learned Judicial Magistrate-III, Allahabad."
An FIR dated 16.01.2020 was lodged under the provisions of Sections 147/308 IPC against the applicants and four other persons alleging that they had attacked the injured the nephew of the first informant and it was a result of previous enmity. It is contended that the dispute between the applicants and the opposite party no.2 is purely a civil dispute which involves the land of the applicants. It is contended that the applicant no.2 is about 70 years of age and he has been falsely implicated in the case. Learned counsel has drawn the attention of the Court to the chargesheet dated 03.09.2020 submitted by the investigating officer before the Magistrate. The Magistrate had taken cognizance of the offence on 17.03.2020. It is contended that in the chargesheet itself, it is apparent that only the two applicants that have been named and none of the other persons named in the FIR are named. It is contended that the chargesheet has been filed under sections 147/148/149/307/506 IPC whereas no ingredients of Sections 147/148/149 are made out in the present case.
Learned A.G.A., on the other hand, has pointed out that all the grounds that are being raised on behalf of the applicants pertain to their defence which may not be looked into by this Court in exercise of jurisdiction under section 482 Cr.P.C.
On perusal of the record and consideration of the averments made by the counsel for the applicants, it appears that the nephew of opposite party no. 2 namely Deepak Agrahari was apparently injured which is reflected in the injury report appearing at page 36 of the paper book. A perusal of the injury report reveals several injuries.
Under the circumstances, I do not find it a fit case for interference. It is for the applicants to move appropriate application seeking appropriate relief before the court below which, this Court has no reason to doubt, would be dealt with by the court below in accordance with law.
This application is, thus, dismissed.
Order Date :- 6.1.2021 Madhurima (Jayant Banerji, J.)