Court No. - 83
Case :- APPLICATION U/S 482 No. - 7245 of 2021 Applicant :- Manish Patel And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. R.K. Singh, learned counsel for applicants and learned A.G.A. for State.
Supplementary affidavit filed by learned counsel for applicants in Court today is taken on record.
This application under section 482 Cr.P.C. has been filed challenging charge-sheet dated 7.9.2020, submitted in Case Crime No. 0152 of 2020, under sections 323, 504, 325, 308 IPC, Police Station- Madiyahun, District Jaunpur, Cognizance Taking Order dated 13.10.2020, passed by Additional Chief Judicial Magistrate-I, Court NO.-12, Jaunpur upon aforesaid charge-sheet as well as entire proceedings of consequential Case No. 861 of 2020 (State Vs Manish Patel and Others) arising out of aforesaid case crime number now pending in the Court of Additional Chief Judicial Magistrate-I, Court No.12, Jaunpur.
At the very outset, learned A.G.A. raised a preliminary objection that in respect of an incident which occurred on 18.6.2020, initially an N.C.R. report was registered on 18.6.2020. Subsequently, it was converted into an F.I.R., which was registered as Case Crime No. 0152 of 2020, under sections 323, 504, 325, 308 IPC, Police Station- Madiyahun, District Jaunpur. In the aforesaid F.I.R., four persons namely, Manish Patel, Santosh Kumar Patel, Rajendra Patel and Chandresh Patel, have been nominated as named accused. After completion of investigation of aforesaid case crime number, charge-sheet has been submitted, upon which cognizance has been taken. As a consequence of above, aforesaid case came to be registered.
In respect of the same incident dated 18.6.2020, an N.C.R. report dated 18.6.2020 was registered, in which Sanjay Patel- first informant/opposite part-2 and others have been nominated as accused.
On the aforesaid premise, learned A.G.A. contends that dispute between parties arose out of same incident. Only issue which is required to be adjudicated is as to who is the aggressor. This issue is required to be considered by court below during course of trial and cannot be decided by this Court in exercise of jurisdiction under section 482 Cr.P.C. In view of above, it is thus urged by learned A.G.A. that no case of indulgence by this Court is made out in present application.
When confronted with above, learned counsel for applicant could not overcome the same.
In view of above, present application fails and is liable to be dismissed.
It is accordingly dismissed.
Order Date :- 13.8.2021 Arshad