Court No. - 53
Case :- APPLICATION U/S 482 No. - 17535 of 2018 Applicant :- Om Kailash And 3 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicant Sri Sushil Kumar Pandey, learned counsel for the applicant and Sri M.P. Singh Gaur, learned AGA appearing for the State.
This application has been filed with a prayer to quash the order impugned dated 06.10.2017 passed by the court of learned Addl. Session Judge/Fast Track Court No.3, Muzaffar Nagar as well as the entire proceeding in S.T. No. 552 of 2017, State vs. Om Kailash and others, arising out of Case Crime No. 392 of 2015, under Sections 452, 308, 354-B, 323, 504, 506/34 IPC, P.S. Purkaji, District Muzaffar Nagar.
The submission of the learned counsel for the applicant is that he has been falsely implicated on extraneous consideration and on account of the fact that applicant and opposite party no.2 are neighbour and the second opposite party harbours ill-will and malice against the applicant.
Learned counsel for the applicant points out that the allegations in the impugned charge sheet are palpably false inasmuch as the occurrence is dated 22.08.2015 and the FIR has been lodged on 24.08.2015 whereafter in the medical examination report dated 29.08.2015 the injuries have been shown to be fresh in duration. It is submitted that the aforesaid evidence ex facie shows the palpably false and incredible nature of the prosecution story.
The learned AGA has opposed the motion to admit this application to hearing and has invited the attention of this Court to the injury report annexed at Annexure-2 to the affidavit.
A perusal of the said report dated 24.08.2018 shows that the first injury is an incised wound 3 cm x 5 cm into bone deep in the temporal region caused by a sharp edged weapon, besides other injuries totalling six. The learned counsel for the applicant has emphasized that no x-ray examination has been advised in the initial medico legal examination which further render the prosecution case ex-facie malicious.
In the opinion of the Court there are materials in the case diary and injuries have been sustained that accord with the prosecution version and the evidence collected during investigation. Appreciation of medico legal evidence cannot be the basis for this Court to exercise jurisdiction under Section 482 Cr.P.C. The prayer for quashing the charge sheet is, therefore, refused. No case for inteference in the impugned charge sheet is made out. The application is dismissed in limine.
Order Date :- 29.5.2018 Imroz