Court No. - 79
Case :- APPLICATION U/S 482 No. - 23833 of 2021 Applicant :- Naresh Srivastava Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Chaddha Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant and learned A.G.AA. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing of the charge-sheet dated 19.2.2020 in Case Crime No. 17 of 2020, registered at P.S. Chakeri, Kanpur Nagar and also the proceedings of Case No. 16890 of 2020, under Sections 304-A IPC, pending in the Court of Chief Metropolitan Magistrate, Kanpur Nagar.
Learned counsel for the applicant submitted that FIR was lodged by the informant on the basis of concocted facts that on 24.12.2019 the deceased was working as a labour in the construction work. As the poor quality of bamboo etc. was provided by the accused persons and which was broken, as a result he fell down and received injuries. It is further alleged that no medical assistance was provided by the accused persons to the injured and later on he succumbed due to injuries. He further submitted that an application was moved by the applicant under Section 156 (3) Cr.P.C. against the informant and one police officer, those are in collusion for prosecuting the applicant on the basis of concocted facts and at the same time the FIR in question was lodged against the applicant under Section 304-A I.P.C. and in the most mechanical manner, without considering the injuries of the deceased, charge-sheet was filed under Section 304-A IPC and the Court below has taken cognizance. Therefore, kind indulgence of this Court is necessary.
Learned A.G.A. opposed the prayer of applicant and submitted that during the course of investigation, statement of doctor and other witnesses were also recorded and the site plan was also prepared and considering the ante-mortem injuries mentioned in the post-mortem report, the charge-sheet was filed and the cognizance has been taken by the Court. He further submitted that defence of the applicant cannot be considered at this stage. Therefore, no interference is required by this Court.
Considering the argument of learned counsel for the applicant as well as learned A.G.A. and going through statement of witnesses recorded during the course of investigation and contents of the FIR and contents of the post-mortem report provided by the learned counsel for the applicant, it is evident that after detail investigation, charge-sheet was filed and the defence of the accused persons cannot be evaluated at this stage.
The application lacks merits and is dismissed.
However, it is open to the applicant to move application at the appropriate stage for discharge. In case any application is moved, the same shall be considered and decided by a reasoned and speaking order, without being prejudiced by the observation made hereinabove.
Order Date :- 20.12.2021 Shafique