Court No. - 83
Case :- APPLICATION U/S 482 No. - 13787 of 2021 Applicant :- Ramakant Yadav And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bipin Kumar,Sanjay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Bipin Kumar, learned counsel for applicants and learned A.G.A. for State.
Perused the record.
This application under Section 482 Cr.P.C. has been filed with the following prayer:-
(i) Quash the Charge Sheet dated 12.12.2020 bearing Criminal Case No. 527 of 2021 (State vs. Ramakant Yadav and others) arising out of Case Crime No. 208 of 2020 under Sections 354, 452, 323, 504, 506 IPC, Police Station- Ali Nagar, District-Chandauli, pending in the court of Chief Judicial Magistrate, Chandauli.
(ii) Quash the cognizance order dated 20.1.2021 passed by Chief Judicial Magistrate, Chandauli in Criminal Case No. 527 of 2021 (State vs. Ramakant Yadav and others) arising out of Case Crime No. 208 of 2020 under Sections 354, 452, 323, 504, 506 IPC, Police Station- Ali Nagar, District- Chandauli, upon charge sheet itself.
(iii) Stay the further proceeding of Criminal Case No. 527 of 2021 (State vs. Ramakant Yadav and others) arising out of Case Crime No. 208 of 2020 under Sections 354, 452, 323, 504, 506 IPC, Police Station- Ali Nagar, District- Chandauli, pending in the court of Chief Judicial Magistrate, Chandauli, during the pendency of the present application.
(iv) Or pleased to direct the court below to consider the bail application of the applicants expeditiously if possible on same day.
(v) And/or may pass such other and further order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case; otherwise the applicants shall suffer irreparable loss and injury.
At the very outset learned A.G.A. has raised preliminary objection by submitting that in respect of the incident which is alleged to have occurred on 20.9.2020, an FIR on 25.9.2020, has been lodged by first informant/opposite party-2, which has been registered as Case Crime No. 0208 of 2020 under Sections 354, 452, 323, 504, 506 IPC, Police Station-Ali Nagar, District-
Chandauli. In the aforesaid FIR, four persons namely, Ramakant Yadav, Godhan, Suraj and Siyaram have been nominated as named accused. In respect of same incident, which occurred on 20.9.2020, an NCR bearing no. 691 of 2020 was registered wherein Rita Devi, Sugna Devi, Priyanka and Jyoti have been nominated as named accused. They are all related to opposite party-2. On the aforesaid premise, learned A.G.A. contends that occurrence is admitted to both the parties. In view of above, the issue that arises for determination is as to who is the aggressor. Aforesaid issue cannot be decided in proceedings under Section 482 but only upon trail by trial court itself. Consequently, present application is liable to be dismissed.
When confronted with above, learned counsel for applicants could not overcome the same.
In view of above, present application fails and is liable to be dismissed.
It is accordingly dismissed.
Order Date :- 12.8.2021 Shalini