Court No. - 49
Case :- APPLICATION U/S 482 No. - 25483 of 2018 Applicant :- Manish Prajapati And 7 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sameer Jain Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 31.3.2018 as well as the entire proceedings of Case No.2041 of 2018, arising out of Case Crime No.829 of 2017, under Sections 376D,323 I.P.C., Police Station-Shivpur, District- Varanasi, pending in the court of A.C.J.M., court no.6 Varanasi.
Learned counsel for the applicant submits that present prosecution has been lodged by way of false counter blast. Earlier with respect to an incident on 19.10.2017 cousin sister of applicant no.1 to 8 had lodged an FIR against the real brother of opposite party no.2, namely, Mustafa alleging offence under Section 354 A IPC and other sections. Subsequently, the said Mustafa has been charged under Section 376 IPC.
After the FIR had been lodged by the applicants, on 8.11.2017, the opposite party no.2 (real sister of Mustafa) has got the present FIR lodged upon an application under Section 156 (3) Cr.P.C. alleging aforesaid offence. The present prosecution story is patently false and only a counter blast because the offence alleged is of dated 19.10.2017. It is further stated that the medical and injury report that has been relied upon, is of September 2017. He therefore submits, no prosecution could lie against the applicant, in such circumstances.
Matter requires consideration.
Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.
Issue notice to opposite party no.2 returnable at an early date.
Opposite parties may file their counter affidavits within six weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List thereafter.
Till the next date of listing, no coercive measure shall be taken against the applicants in the aforesaid case.
Order Date :- 27.7.2018 Meenu