Court No. - 40
Case :- APPLICATION U/S 482 No. - 22323 of 2019 Applicant :- Narottam Patel And 3 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Brij Napit,Indra Mohan Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicants with the prayer to quash the chargesheet No.01/2017 dated 13.6.2017 in Case No.162/2018 (State vs. Narottam Patel and others) arising out of Case Crime No.376 of 2017 under Sections 323, 506 IPC and 3(1)(r) SC/ST Act, Police Station Manjhanpur, District Kaushambi.
As per the allegations made in the first information report, it is alleged that on 9.6.2017 at about 9.30 AM while the first informant was returning back to his house, the applicants abused him with the name of his caste with an intention to humiliate him in public view and assaulted him with lathi and danda, due to which, he suffered injuries.
On the basis of the said FIR, the police thoroughly investigated the matter and submitted the chargesheet against the applicants under Sections 323, 506 IPC and 3(1)(r) SC/ST Act, on which, the Additional Sessions Judge IInd, Kaushambi has taken cognizance and summoned the applicants to face trial.
From the perusal of the allegations made in the FIR and material collected during the course of investigation, primafacie, offence is clearly disclosed against the applicants as such the impugned chargesheet cannot be quashed. Hence the prayer for quashing the chargesheet is hereby refused.
In case, the applicants appear and surrender before the court below within 15 days and move bail application, the same shall be considered and disposed of expeditiously in accordance with law, after giving opportunity of hearing to both the parties.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 4.6.2019 Deepika