Court No. - 14
Case :- APPLICATION U/S 482 No. - 43146 of 2017 Applicant :- Sri Prakash Tiwari & Another Opposite Party :- State Of U.P. & Another Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard Sri Manvendra Singh, learned counsel for the applicants, Sri Deepak Singh Patel, learned counsel for opposite party no. 2, learned A.G.A. for the State (opposite party no. 1) and perused the record.
By way of instant application under Section 482 Cr.P.C., the applicants have prayed to quash the cognizance order dated 28.11.2016 passed by Chief Judicial Magistrate, Kaushambi as well as the entire criminal proceeding of Case No. 6923 of 2016 (State v. Sri Prakash Tiwari and others) arising out of Case Crime No. 236 of 2015 under Sections 323, 504, 506 IPC, Police Station - Puramufti, District - Kaushambi.
Learned counsel for the applicant contended that opposite party no. 2 Arun Kumar Tripathi has lodged FIR against Shriprakash Tiwari, Rajnish Tiwari, Rajesh Kumar Pandey, Nutan Patel and Shambhunath Tiwari with false allegation as a counterblast to the FIR lodged by applicant no. 2 - Rajnish Kumar Tiwari.
Learned counsel for opposite party no. 2 contended that from his side, opposite party no. 2 Arun Kumar Tripathi has sustained injury.
Learned A.G.A. has also opposed the prayer.
At this stage, it cannot be said that no offence is made out against the applicants. Fact of aggression cannot be adjudicated by this court in exercise of extraordinary jurisdiction under Section 482 Cr.P.C. It can only be decided by trial court on the basis of evidence available on record.
From both the sides, first information report at Case Crime No. 236 of 2015 and 236-A of 2015 have been lodged.
In view of above, prayer made on behalf of the applicants to quash the impugned cognizance order as well as the entire criminal proceeding of the aforesaid case is hereby refused.
Accordingly, the instant application is rejected. Order Date :- 27.3.2018 I. Batabyal