Court No. - 40
Case :- APPLICATION U/S 482 No. - 22190 of 2019 Applicant :- Om Prakash Rajput Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Awadhesh Prasad Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the entire proceedings of Criminal Case No.917 of 2018 arising out of Case Crime No.0040 of 2018, under Sections 323, 504, 506, IPC and 3a of U.P. Medical Nursing Service Person and Medical Nursing Service, P.S. Chirgaon, District Jhansi as well as charge sheet dated 4.4.2018 submitted by the Investigating Officer in the aforesaid case.
As per allegations made in the FIR, it is alleged that on 16.2.2018 at about 9.00 p.m. applicant along with 10-12 persons in drunken state entered in the hospital and started assaulting the victims due to which victims O.P. Gupta and J.P. Dixit suffered serious injuries. On the basis of the said first information report police made thorough investigation and after concluding the investigation submitted the charge sheet on which the learned Magistrate has taken cognizance on 23.8.2018 under Sections 332, 353, 323, 427, 504, 506, IPC and 3a of U.P. Medical Nursing Service Person and Medical Nursing Service, 2013 and summoned the applicant to face trial.
From the perusal of the allegations made in the FIR and material collected during the course of investigation prima facie offence is clearly disclosed against the applicant and as such the impugned charge sheet cannot be quashed. The prayer for quashing the charge sheet is, therefore, refused.
In case the applicant appears and surrenders before the court below within 15 days from the date of order and moves a bail application, his bail application shall be considered and decided as expeditiously as possible.
With the said observation, this application is disposed of.
Order Date :- 3.6.2019 T. Sinha