Court No. - 47
Case :- APPLICATION U/S 482 No. - 20008 of 2020 Applicant :- Krishna Kumar Singh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Bhajan Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for the applicants, learned AGA and perused the record.
The present application under section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 15.09.2017 of Case No. 3512 of 2020, arising out of case crime no. 894 of 2017 (State Vs. Krishna Kumar Singh and others), under Sections 147, 323, 324, 308, 504, 506 IPC, P.S. Harraiya, District Basti, pending in the court of Judicial Magistrate-I, Basti.
Learned counsel for the applicants has submitted that there is cross version of the present prosecution case and the applicants are not the aggressor and on this sole ground prayed for quashing of the charge-sheet.
Learned A.G.A. vehemently opposed the contentions raised on behalf of the applicants.
The FIR case is that on 5.8.2017 the informant Satyadev Singh had won the election of fair price shop allotment; with this animosity Krishan Kumar Singh, Anupam Kumar Singh, Amit Singh, Vinod Kumar, Karan, Vinay Singh @ Sonu, begun to hurl abuse to the informant and on being opposed all the accused persons beaten to the informant with lathi, danda, iron rod, farsa and sword, whereby informant and his son sustained injuries.
Annexure-3 is the injury report of Ranveer Singh and Satyadev Singh. Annexure-5 is the statement of witnesses, namely, Ranveer Singh, Dhananjay Singh and Satyadev Singh, recorded under section 161 Cr,P.C. From the statement of witnesses and the injury report of injured persons, the FIR version is well supported. The Investigating Officer after collecting the evidence has filed the charge-sheet on which the cognizance was taken by the court below after having gone through the papers on record and having the judicial mind.
Contention of learned counsel for the applicants is that cross version is also pending and the applicants are not the aggressor, the same issue can be decided at the stage of trial and this cannot be a ground to quash the charge-sheet and order of cognizance on the same, therefore, the application deserves to be dismissed.
Accordingly, the application U/s 482 Cr.P.C. is dismissed.
However, considering the request of learned counsel for the applicants, it is provided that if applicants appear before the court below within 30 days from today and apply for bail, their bail application shall be considered and decided by the court below, expeditiously.
Order Date :- 5.1.2021 Prajapati