Court No. - 47
Case :- APPLICATION U/S 482 No. - 18836 of 2020 Applicant :- Shivaji Tiwari And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Supplementary affidavit filed today by learned counsel for the applicants. The same is taken on record.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the cognizance/summoning order dated 19.12.2018 as well as the entire criminal proceeding of case no. 5699 of 2018, arising out of case crime no. 630 of 2018, under Sections 147, 323, 452 I.P.C, Police Station Handia, District Allahabad.
The learned counsel for the applicant has submitted that the present case is a counter blast case as the applicant had already lodged F.I.R against the informant. Injury report also does not corroborate the prosecution story and at the time of occurrence the applicants were somewhere else.
The learned A.G.A vehemently opposed the prayer and contended that the charge-sheet was filed on 15.08.2018 and the Investigating Officer after having collected evidence has submitted charge-sheet.
As per F.I.R case the informant Rekha lodged the F.I.R with these allegations that her husband Ram Pher was alone at the house. Accused Shivaji Tiwari, Ram Kailash Tiwari, Vishal Tiwari and Sonu Shubham armed with saria, lathi and danda intruded in the house of informant and began to beat the informant. Hearing the screams of applicant none could attract there and all the accused persons fled.
On this report case no. 630 of 2018 was registered under Section 147, 323, 452 I.P.C against the accused persons.
The statement of informant Rekha, statement of Ram Pher and statement of independent witness Chandra Prakash Tiwari under Section 161 Cr.P.C are the Annnexure-4 to the affidavit, which corroborated the prosecution story. Injury report is Annexure-3 to the affidavit. Accordingly, the charge-sheet was filed by the investigating officer and the concerned court took cognizance on the same.
The plea of alibi which is raised on behalf of applicants is not tenable at this stage, same can be raised at the stage of trial. The contentions made on behalf of applicants by learned counsel for the applicants are the defence case of accused and same cannot be considered at the stage of quashing the charge-sheet and the order of taking cognizance.
With the above observations, this application under Section 482 Cr.P.C is dismissed.
Order Date :- 6.1.2021 PS