Court No. - 49
Case :- APPLICATION U/S 482 No. - 10369 of 2021 Applicant :- Sonu @ Salman Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
1. None for the applicant. Nobody had appeared when the matter was listed on 13.7.2021 also, therefore, matter is taken up today with the help of learned AGA.
2. This application has been filed by the applicant challenging the cognizance order dated 7.12.2018 passed by learned Additional Chief Judicial Magistrate, Court No. 4, Bareilly as well as entire proceedings of Case No. 3942 of 2018 arising out of Case Crime No. 130 of 2018 under sections 147, 148, 149, 308, 325, 452, 504 and 506 IPC, police station C.B. Ganj, District Bareilly on the ground that allegations made in the FIR are false and concocted even family of the applicant sustained injuries in the occurrence dated 18.3.2018 and all the injuries mentioned in the MLC are simple in nature.
3. Learned AGA submits that injury of Mahanaj reveals that there as a red abrasion 3 cm x 2 c, Dorsal aspect (Lt) Elbow, red contusion 2 cm x 2 cm, over (Lt) Knee, red contusion 6 cm x 2 cm, 10 cm below (Lt) Scapula and red contusion 6 cm x 2 cm, over (Lt), horizontal.
4. Similarly, Asif sustained one injury i.e. red contusion 15 cm x 1 cm, 3 cm above left wrist , vertical but fact of the matter is that as per version of the FIR several persons have sustained injuries namely Hanif Khan, Mahanaj, Arbin Khan, Shahnaz, whereas injury report of only two persons namely Mahanaz and Asif have been enclosed. In the FIR itself, it is mentioned that Hanif Khan sustained grievous injuries, but petitioner has not enclosed injury report of Hanif Khan.
5. Learned AGA further submits that in the final report there is mention of medical report, supplementary report of CT Head Scan of Hanif Khan and other victim, on the basis of which Investigating Officer found that charges are substantiated and has filed Challan. In view of this fact, that petitioner has suppressed medical report of Hanif Khan and has not brought on record, so also on reading of the F.R, it is evident that no case for quashing of the proceedings is made out in the light of law laid down by the Supreme Court in case of State of Haryana and others Vs. Bhajan Lal and others, 1992 SCC (CRI) 426, so also quashing of the summoning order. Application fails and is dismissed.
Order Date :- 30.7.2021 S.K.S.