Court No. - 40
Case :- APPLICATION U/S 482 No. - 22014 of 2019 Applicant :- Ravindra Chauhan And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Krishna Dutt Awasthi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants and learned AGA for the State. Perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the entire proceedings of Case including the chargesheet dated 19.1.2019 as well as cognizance order dated 02.04.2019 arising out of Case Crime No.1026 of 2018 under Section 323, 504, 506 IPC and 3(1)(da), 3(1)(dha) SC/ST Act, Police Station Ajitmal, District Auraiya pending before the court of Additional Session Judge IInd Auraiya.
As per the allegations made in the first information report, it is alleged that on 29.11.2018 at about 6.30 PM, the first informant reached at the shop of Ravindra Chauhan and asked him to make way so that he may take out some articles. The applicants at the relevant time are said to have been taking liquor and started abusing him with the name of his caste with an intention to humiliate him in public view and assaulted the victim by lathi and danda, due to which, he suffered injuries.
From the perusal of the allegations made in the first information report and the material collected during the course of investigation, primafacie, offence is disclosed against the applicants. As such the impugned chargesheet cannot be quashed. Hence, the prayer for quashing the chargesheet is refused.
In case, the applicants appear and apply for bail before the court below within 15 days, the same shall be considered and disposed of expeditiously in accordance with law, after giving opportunity of hearing to both the parties.
With the aforesaid observations, the application is disposed of.
Order Date :- 4.6.2019 Deepika