Court No. - 70
Case :- APPLICATION U/S 482 No. - 3837 of 2019 Applicant :- Sachin Kumar Sharma And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants and learned Additional Government Advocate on behalf of the State and perused the record with the assistance of leaned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the impugned order dated 16.11.2018 in Case No.2821 of 2018 (Smt.Laxmi Dashi vs. Sachin Kumar and others) passed by Additional Chief Judicial Magistrate, Court No.1, Mathura, under sections 380, 454, 461, 504 & 506 I.P.C., Police Station Vrindavan, District - Mathura, whereby charges have been framed against the applicants.
It is submitted by the learned counsel for the applicants that charge has been wrongly framed against the applicants by the impugned order dated 16.11.2018. Assailing the impugned order dated 16.11.2018, the learned counsel for the applicants has submitted that the provision of Section 211(1) & (2) of Cr.P.C. has not been followed while framing the charge against the applicants. The time of incident has not been mentioned in the Charge No.1. It is next submitted that charge under Section 461 I.P.C. has also been wrongly framed against the applicants as no offence under Section 461 I.P.C is made out against the applicants.
Per contra, learned Additional Government Advocate has pointed out that in this very matter the applicants have moved discharge application, which was rejected on 22.12.2017. Against the said order of rejecting discharge application, the applicants have preferred Criminal Misc.Application u/s 33208/18, which has already been dismissed by order dated 11.10.2018 of this Court.
Under the facts and circumstances of the present case, I find that the applicants were also summoned by order dated 16.01.2012 under Sections 380, 454, 461, 504 & 506 I.P.C.
which has also not been challenged by the applicants. The discharge application of the applicants has also been rejected as per the submission made on behalf of the State.
In view of above, I find no merit in this case. The order dated 16.01.2018 does not suffer from any illegality. The necessary contents of the allegations have been mentioned in the order dated 16.01.2018. The applicants are fully aware about the allegations and charges levelled against them by the prosecution. The offence under Sections 380, 454, 461, 504 & 506 I.P.C are made out against the applicants.
The application lacks merit and is accordingly, dismissed.
Order Date :- 29.1.2019 SKD