Court No. - 77
Case :- APPLICATION U/S 482 No. - 19269 of 2020 Applicant :- Rajendra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gyanendra Prasad Mahant Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
The present application has been filed seeking quashing of the entire proceeding of Special Criminal Case No.44/2015 (State Vs. Rajendra Bind and Others), arising out of case crime no. 2002/2014, u/s 308, 323, 504, 506 I.P.C. and 3(1) (X) of SC/ST Act, P.S. Kotwali, District Ghazipur.
The submission of the counsel for the applicant is that as per the report of the I.O. (page 42 of the application) on 03.11.2014, the I.O. had gone to the house of the respondent and wanted to meet the children, who allegedly suffered injuries. However, he was informed that the children have gone to the school. It is on record that on 08.11.2014 the medical examination was conducted (Page 36 of the application), which shows injuries. The submission of the counsel for the applicant is that it is not possible for the children to go to the school if the rib was fractured and on this argument the counsel for the applicant submits that the proceedings are liable to be quashed.
I am afraid the said contention of the learned counsel for the applicant cannot be accepted for quashing of the proceedings in exercise of power under Section 482 Cr.P.C. as the defect in the investigation or the statement recorded during investigation cannot be a ground for quashing of the proceedings.
The application lacks merit and is accordingly dismissed.
Copy of the order downloaded from the website of Allahabad High Court shall be accepted/treated as certified copy of the order.
Order Date :- 5.1.2021 pks