Court No. - 49
Case :- APPLICATION U/S 482 No. - 4786 of 2021 Applicant :- Rahul Giri @ Rahul Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Shantam Counsel for Opposite Party :- G.A.,Krishna Dev Mishra
Hon'ble Anil Kumar Ojha,J.
Learned AGA has filed instruction today in Court, which is taken on record.
Heard learned counsel for the applicant, learned counsel for opposite party no. 2, learned AGA for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge sheet dated 10.09.2019 filed against the applicant and cognizance order dated 14.09.2020 passed in Criminal Case No. 1592 of 2020 (State vs. Yatendra and others), registered under Section 147, 323, 504, 506, 308 IPC, arising out of case crime No. 217 of 2019, P.S. Jahangirabad, District Bulandshahr, pending in the court of Additional Chief Judicial Magistrate-01, Bulandshahr.
Submission of learned counsel for the applicant is that the averments made in the charge sheet, at page 48 of the paper book are contradictory. At one place it has been mentioned that accused Rahul S/o Yatendra was not present at the time of alleged incident. He was on duty at Sri Nagar, hence his implication in the FIR was found false. However, Investigating Officer in the same page, has mentioned that case against accused persons Yatindra, Rahul, Anand, Prashant, Arvind and Praveen, under Sections 147, 323, 504, 506, 308 IPC is duly proved.
Learned AGA today filed instructions in the Court, wherein it has been stated that accused Rahul was not present at the time of alleged incident. It has been further stated that the name of Rahul in the charge sheet has been wrongly mentioned. Thus, from the instructions submitted by learned AGA, it is evident that applicant Rahul Giri was not present at the time of alleged incident, hence, if the case is permitted to continue against applicant Rahul Giri, it would be abuse of process of law.
In view of the above, I am of the opinion that naming of applicant Rahul Giri in the FIR and charge-sheet is malafide hence, application deserves to be allowed.
In view of the above, prayer of the applicant for quashing the aforesaid proceedings is allowed.
charge sheet dated 10.09.2019 filed against the applicant and cognizance order dated 14.09.2020 passed in Criminal Case No. 1592 of 2020 (State vs. Yatendra and others), registered under Section 147, 323, 504, 506, 308 IPC, arising out of case crime No. 217 of 2019, P.S. Jahangirabad, District Bulandshahr, pending in the court of Additional Chief Judicial Magistrate-01, Bulandshahr, so far as it relates to applicant Rahul Giri @ Rahul, is quashed.
Accordingly, the application under Section 482 Cr.P.C. is allowed.
Order Date :- 7.10.2021 v.k.updh.