Court No. - 75
Case :- APPLICATION U/S 482 No. - 29467 of 2018 Applicant :- Shahid And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pawan Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard Shri Pawan Kumar Shukla, learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicants with the prayer to quash the Charge-Sheet dated 29.03.2018 as well as the entire proceedings of S.T. No.441 of 2017 (State Vs. Shahid and others), arising out of Case Crime No.138 of 2017, under Sections 323, 324, 308, 506 IPC, Police Station Mundhapandey, District Moradabad, pending before the Court of Additional District Judge, Court No.9, Moradabad.
As per the allegations made in the FIR, it is alleged that on 29.01.2017 at about 12:00 A.M., the applicants had assaulted the victim by lathi, danda, sharp edged weapon and iron rod. On account of the assault made by the applicants, victims Shahid Hussain, Mrs. Afsana and Nazia had suffered injuries on their persons and have been medically examined.
Learned counsel for the applicants has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, no offence is disclosed against the applicants and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He has pointed out certain documents and statements in support of his contention.
Per contra, learned AGA has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the applicants and as such, charge-sheet was submitted against the applicants. Pursuant to the said charge- sheet, the applicants approached before the court below and has been released on bail and thereafter charge has been framed against them and statement of P.W.1 has also been recorded and the trial is in progress and therefore at this stage there is no reason to quash the charge-sheet and the disputed defence of the accused cannot be considered at this stage when the evidence is yet to come.
In view of the above, when the evidence is being adduced after framing of the charge and the applicants are on bail, there is no reason to quash the charge-sheet at this belated stage and the evidence can well be appreciated by the trial court. The prayer for quashing the charge-sheet and the entire proceedings is therefore refused.
The present application under Section 482 CrPC is devoid of merit and is accordingly dismissed.
Order Date :- 27.11.2019 Zafar