Court No. - 10
Case :- APPLICATION U/S 482 No. - 13483 of 2018
Applicant :- Razzak And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Nisar Uddin Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicants and learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 24.02.2018, as well as, cognizance order dated 19.03.2018 in Case Crime No. 206 of 2017, under Sections 354B, 323, 504, 506 IPC, P.S. Jigna, District Mirzapur.
The charge sheet dated 24.02.2018 is impugned in the instant application. The Investigating Officer after investigation and collecting credible evidence has filed charge sheet. Learned counsel for the applicant would submit that civil suit is pending against the father of the complainant for injunction, therefore, in retaliation, present criminal proceeding has been instituted. I do not find any merit in the submission for the reason that the suit is for permanent injunction against the father of the applicant and other persons, whereas, criminal case has been instituted against one of the defendant in the suit for commission of offences.
The application is, accordingly, dismissed.
Dismissal of the application shall not preclude the applicants from filing an appropriate application which shall be decided in terms of the decisions rendered in Amrawati and another Vs. State of U.P., 2004 (57) ALR 290, Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC) and Brahm Singh & others vs. State of U.P. & others, 2016 (7) ADJ 151, strictly in accordance with law.
Order Date :- 27.4.2018 Mukesh Kr.