Court No. - 15
Case :- APPLICATION U/S 482 No. - 43065 of 2018 Applicant :- Subhash Yadav And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mani Shanker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants and learned A.G.A.
This application under Section 482 Cr.P.C has been filed to quash the entire proceeding of case crime No. 137 of 2016, under Section 323, 504, 325 IPC Police Station Sarai Mamrej, District Allahabad.
Learned counsel for the applicants contended that initially, report of non- bailable offence under Section 323, 504 IPC was lodged. Later on informant has prepared a forged X-Ray report of his wife Reena Devi after 10 days of the occurrence. The applicant had challenged the genuineness of X-Ray report before the competent authority. Without considering this fact, the police has submitted charge-sheet against the applicant's.
Learned counsel for the applicants admitted this fact that the offence under Sections 323, 504 IPC is made out against the applicants.
Accordingly the proceeding could not be quashed and the prayer for quashing the proceeding is refused.
However if applicants prays for discharge under Section 239 Cr.P.C before the trial court the same shall be disposed of by the trial court by reasoned and speaking order.
With above observation, this application under Section 482 Cr.P.C is disposed of.
Order Date :- 30.11.2018 C. MANI