Court No. - 76
Case :- APPLICATION U/S 482 No. - 46432 of 2019 Applicant :- Pradeep Kumar Gupta And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Ashish Pandey Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,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 to quash the charge sheet no.517/2018 dated 29.11.2019 as well as cognizance order dated 16.07.2019 in Case No.810/2019 (State Vs. Pankaj @ Yogesh & others), arising out of Case Crime No.653/2018, under Sections 307, 411, 420, 467, 468, 471 I.P.C., Police Station Kotwali Kannauj, District Kannauj, pending in the court of Chief Judicial Magistrate, District Kannauj.
It has been argued by learned counsel for the applicants that the first information report has been lodged by S.I. Arimardan Singh on 04.09.2018 against the applicants along with five others in Case Crime No.653 of 2018, under Sections 307, 411, 420, 467, 468, 471 I.P.C., Police Station Kotwali Sadar Kannauj, District Kannauj alleging therein that on the basis of an information given by the informer that a gang of persons who are involved in the business of illegal weapons and stolen motorcyles have assembled at a place, the police party raided the said place and on being confronted by the police in order to save themselves the accused persons started firing on the police personnels but no-one has received any injury. After investigation the charge sheet has been submitted against the applicants. It has further been submitted that after being arrested by the police, the applicants applied for bail before the court concerned and they have been released on bail.
After hearing the learned counsel for the parties and perusing the record, the prayer for quashing or setting aside the charge sheet as well cognizance order is refused as I do not see any illegality, impropriety and incorrectness in the impugned order or the proceedings under challenge.
In view of the above, the application stands rejected.
Order Date :- 17.12.2019
Anand Sri./-