Court No. - 1
Case :- APPLICATION U/S 482 No. - 24991 of 2018 Applicant :- Lal Bihari Kannaujia And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Aditya Singh,Devansh Rathore Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Devansh Rathore, learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the entire criminal proceedings of Case No. 105 of 20181 (Case Crime No. 213 of 2018) u/ss. 308, 323, 504, 506 IPC, PS. Chiraiyakot, District Mau pending in the Court of Civil Judge (Jr. Div.)/Judicial Magistrate, Sadar, Mau along with chargesheet dated 23.01.2018 including the summoning order dated 07.02.2018 and order dated 05.07.2018 whereby NBW have been issued against the applicant.
Learned counsel for the applicants has tried to demonstrate that the injuries which have been sustained by the victim appears to be manipulated one and there is a gap of one month between the date of incident and the date of medical examination of the injured which says that the injuries are not found to be fresh. It is further submitted that the applicants happen to be the cousins of the victim and the present incident is an off-shoot of a matrimonial dispute of the victim's family.
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283.
The prayer for quashing the entire criminal proceeding of the aforesaid case based on charge sheet of the aforesaid case is refused.
The present 482 Cr.P.C. application lacks merit and is, accordingly, dismissed.
Order Date :- 25.7.2018/Madhurima