Court No. - 47
Case :- APPLICATION U/S 482 No. - 20041 of 2020 Applicant :- Tilak Dhari Pal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lallan Prasad Pal Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for the applicants, learned AGA and perused the record.
The present application under section 482 Cr.P.C. has been filed for quashing of the impugned charge-sheet dated 3.7.2017 and the cognizance order dated 23.04.2018 passed in Criminal Case No. 218 of 2018 (State Vs. Vinod and others), arising out of case crime no. 269 of 2017, under Sections 147, 148, 323, 504, 506 IPC, P.S. Jalalpur, District Jaunpur as well as to quash the proceedings of entire criminal case mentioned above, pending in the court of Additional Chief Judicial Magistrate-I, Jaunpur.
Learned counsel for the applicants has submitted that no case is made out against the applicants on he basis of evidence collected by the Investigating Officer and the cognizance was taken on the charge-sheet without appreciation of evidence collected during investigation. No specific role has been assigned by any of he witnesses to the applicants.
Learned A.G.A. vehemently opposed the contentions raised on behalf of the applicants.
The FIR is Annexure-1 to the affidavit. As per the FIR, the informant Chandan moved the report with the allegations that he is the seller of liquor and he was sitting on his shop at 9.20 in the morning Vinod Pal son of Raghunath, Poonam Pal, Vinod Pal son of Tilakdhari, Shobha Harijan, Shyamraj Harijan, Sahab Lal, Rajdev Prajapati and 10-15 known persons and 10-15 women armed with lathi and danda and started hurling abuses, beaten him and locked the shop and criminally intimidated. On the basis of this report case crime no. 269 of 2017, under Sections 147, 148, 323, 504, 506 IPC, P.S. Jalalpur, District Jaunpur has been registered against Vinod Pal son of Raghunath, Poonam Pal, Vinod Pal son of Tilakdhari, Shobha Harijan, Shyamraj Harijan, Sahab Lal, Rajdev Prajapati and 10- 15 known persons and 10-15 women. The charge-sheet was filed against the applicants and other accused.
Learned counsel for the applicants has submitted that applicant no.1 is not named in the FIR and his name came into light in the statement of witnesses recorded under Section 161 Cr.P.C.
The statement of informant has been annexed as Annexure-3 to the affidavit. The informant Chandan Yadav is the victim of the occurrence. Statement of informant recorded under section 161 Cr.P.C. supports the FIR version and the informant has also assigned the specific role to accused Tilakdhari and Shobha Harijan. On the basis of allegations of FIR and the statement of informant recorded by the Investigating Officer, the charge- sheet has been filed and the cognizance was taken by the court concerned.
In view of facts and circumstances stated above, the criminal proceedings as well as charge-sheet filed by the Investigating Officer cannot be quashed.
Accordingly the application U/s 482 Cr.P.C. is dismissed.
Order Date :- 5.1.2021 Prajapati