Court No. - 49
Case :- APPLICATION U/S 482 No. - 28838 of 2018 Applicant :- Smt. Sadhana Opposite Party :- State Of U.P. Through Its Secretary Home Department And 5 Others Counsel for Applicant :- Pankaj Kumar Govil,Alok Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned AGA for the State.
The present application u/s 482 has been filed to quash the charge-sheet dated 17.1.2018 relating to case crime no. 198/17, under section 323/506 I.P.C., P.S. Koirauna, District Bhadohi, by which the cognizance has been taken against the opposite party no. 4 alleging commission of offence under Section 323 and 506 I.P.C.
The grievance of the applicant (who is the informant) appears to be that no cognizance has been taken of the offence under section 323 and 354 IPC, whereas the case-diary material clearly discloses commission of such offence. Further grievance of the applicant appears to be that no cognizance has been taken against Nilesh Tiwari and Jata Shankar Tiwari for those offences, though again case-diary material reveals commission of such offence by the said two accused.
At present, it appears that though cognizance has been taken, charges are yet to be framed. Therefore, no useful purpose would be served in keeping the present application pending.
The present application is disposed of with the observation that at the stage of framing the charge, the learned court below shall consider the aforesaid aspect as has been raised by the learned counsel for the applicant and frame proper charges against proper accused persons according to case-diary material, strictly in accordance with law.
Order Date :- 21.8.2018 Prakhar