Court No. - 32
Case :- APPLICATION U/S 482 No. - 6366 of 2018 Applicant :- Mahendra Singh Sharma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kamla Kant Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This Crl. Misc. application under Section 482 Cr.P.C. has been filed for quashing of the charge-sheet no.3 of 2012 dated 27.7.2012 in case crime no.373 of 1999, under sections 344, 343, 342, 323, 220, 218 IPC, P.S.
Kotwali, District Baghpat and further prayer is to stay the proceeding of aforesaid case crime and further prayer is to direct the court below to conclude the trial of case no.4623 of 2015.
Learned counsel for the applicants submitted that after about 13 years the first information report on the basis of exaggerated version. The applicant was not involved in the incident rather even if any such incident took place just to save the accused, applicant has been implicated in the present case, however, without reliable material charge-sheet has been submitted hence same is liable to be quashed.
Learned AGA opposed aforesaid prayer.
Considered the submission of counsel for the parties. Whether allegations are correct or not, the same has to be considered on the basis of evidence. The correctness of the fact will not be examined at this stage. The court concerned, where proceeding is pending, is expected to scrutinize the material carefully so any innocent person is not harassed, prosecuted and held guilty. Since the disputed question of facts requires appreciation of evidence hence, at this initial stage, it is not a fit case for interference under section 482 Cr.P.C. The applicant is on bail and as such it is not a fit case for interference.
With these observations, the present application under Section 482 Cr.P.C. is hereby finally disposed off.
Order Date :- 28.2.2018 Pramod