Court No. - 86
Case :- APPLICATION U/S 482 No. - 18781 of 2020 Applicant :- Smt. Radha And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Chandra Yadav,Mata Prasad Pal Counsel for Opposite Party :- G.A.
Hon'ble Jayant Banerji,J.
Heard Sri Ram Chandra Yadav, learned counsel appearing for the applicants and the learned A.G.A. appearing for the State.
This case has been filed with the following prayer:
"It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to allow the application and quash the charge sheet as sell as entire proceeding of Criminal case No. 1496 of 2020 (State Vs. Jitendra Kumar and others), arising out of case crime No. 0442 of 2019, under Section 147, 149, 323, 504 and 506 IPC, Police Station Fatehgarh Kotwali, District Farrukhabad, pending in the court of C.J.M, Fatehgarh, Farrukhabad".
The contention of the learned counsel for the applicants is that the applicants are government servant and they have been falsely roped into the case only because the applicant No.1 lodged an FIR against the opposite party No.2 under Section 354 IPC on 16.9.2019. It is stated that only as a counter blast, the innocent government servants have been falsely implicated by the opposite party no.2 as a result of grudge held against the opposite party no.2 and as such, this a fit case for interference under Section 482 Cr.P.C in view of judgements of the Supreme Court.
Learned counsel for the applicant has also placed the statement of the opposite party no.2 made under Section 161 Cr.P.C before the Investigating Officer concerned, concerning a recorded video in which only one of the applicants, Jitendra Singh is shown as assaulting the opposite party no.2 and no others.
Sri N.K. Srivastava, learned A.G.A. on the other hand has stated that in the FIR lodged by the opposite party no.2 on 1.11.2019, it has been categorically stated that an application under the Right to Information Act was filed by the opposite party no.2 on 31.7.2019 and he was called by one Kasim to the Roadways office on 10.9.2019, on which date the FIR was filed by the applicant No.1 against the opposite party no.2. It is his contention that the presence of the opposite party no.2 in the Roadways office has been specifically explained in the FIR lodged by him.
A perusal of the record reveals that the charge sheet dated 28.5.2020 has been filed by the Investigating Officer on which, cognizance has been taken by the Magistrate concerned on 4.9.2020. A perusal of the FIR lodged by the opposite party no.2 as well as charge sheet does not reflect that a case for interference under Section 482 Cr.P.C is made out in the facts and circumstances of the present case.
It is always open to the applicants to move an appropriate application before the court below for seeking such remedy/relief as they may be advised which, this Court has no reason to doubt, will be considered and decided by the court below in accordance with law.
This application lacks merit and is, accordingly, dismissed.
Order Date :- 6.1.2021 sfa/ (Jayant Banerji, J)