Court No. - 49
Case :- APPLICATION U/S 482 No. - 38245 of 2018 Applicant :- Kapil And Another Opposite Party :- State Of U.P. And AnotherN U/S 482 No. - 38248 of 2018 Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Jayant Banerji,J.
List has been revised. No one appears on behalf of the applicants to press this application.
Sri Karunakar Singh, learned AGA, is present for the State.
By means of this application, the applicants have prayed for quashing of the chargesheet dated 28.11.2013 and entire proceeding of criminal case no. 57 of 2014, (State Vs. Kapil and another), arising out of case crime no. 634 of 2013 under sections 323, 452 I.P.C., Police Station-Ghughali, District Maharajganj.
Learned AGA has pointed out that the chargesheet was filed way back in November 2013 and the criminal case was registered in the year 2014 and that there is nothing on record to demonstrate what is the stage of the trial. It is also contended that a perusal of the FIR and chargesheet reveal that prime facie an offence is made out.
Given the facts and circumstances of the case, we are inclined to agree with the argument advanced by learned AGA. Perusal of the FIR reflects commission of an offence. The applicants have not filed the order sheet of the court below.
In view of the above, we are not inclined to interfere in the matter.
This application is, accordingly, rejected.
Order Date :- 27.10.2018 sweta
(Jayant Banerji, J.)