Court No. - 21
Case :- APPLICATION U/S 482 No. - 32809 of 2018 Applicant :- Pawan Singh And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ajeet Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present 482 Cr.P.C. application has been filed for quashing the summoning order dated 24.08.2018 and the entire criminal proceedings of S.S.T. No. 85 of 2018 (State Vs. Shiv Prasad Gaur and others), arising out of Case Crime No. 1124 of 2017, under Sections 363, 382, 376-D, 120B IPC and 7/8 POCSO Act, Police Station- Sikrara, District- Jaunpur pending before Additional District Judge-I.
Learned counsel for the applicants submits that the applicants are innocent and falsely implicated in the present case. Real fact is that the applicant No.2 and first informant are the cousin and having enmity of the property and village party Bandi. It is further submitted by the learned counsel for the applicants that investigating officer without conducting fair investigation submitted chargesheet against the applicants for offence under Section 363, 387, 376D, 120B IPC and 7/8 POCSO Act on 21.08.2018 and Magistrate has taken cognizance on 24.08.2018 without applying judicious mind.
Learned AGA has opposed the contention of the counsel for the applicant.
After hearing the learned counsel for the applicants, learned A.G.A. and after perusing the order impugned as well averments made in the present application, this Court is of the opinion, that learned counsel for the applicants could not point out any legal infirmity in the order impugned which may warrant any interference by this Court in exercise of power conferred under 482 Cr.P.C. jurisdiction. On considering overall aspects of the matter, I do not find any merit in the present case.
Application is bereft of merit and same is dismissed, accordingly.
Order Date :- 18.9.2018 Shubhankar Thakur [Chandra Dhari Singh, J.]