In this Section 482 Cr.P.C. application, the High Court held that prima facie a case is made out against the applicants supported by CCTV footage and eye witness accounts. Thus, no interference with the proceedings was warranted at that stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 49
Case :- APPLICATION U/S 482 No. - 10533 of 2018
Applicant :- Suraj Kumar @ Suraj Gaurh And 22 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Hare Ram Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the entire proceedings of charge sheet dated 14.10.2017, arising out of Case Crime No.416 of 2017, under Sections-147, 452, 323, 504, 506, 427, 352 I.P.C., Police Station- Bhelupur, District-Varanasi, and consequential summoning order dated 31.10.2017, pending in the court of A.C.J.M., Varanasi, Court No.3 in Case No.2981 of 2017.
Entire submission advanced by learned counsel for the applicants are factual in nature and would require appraisal of the case. At the present stage stage it appears that there is evidence in the shape of C.C.Tv. footage as also there are eye witness accounts in support of the allegations made against the applicants.
Prima facie, case is made out against the applicants. No interference is warranted, at this stage.
The present application is rejected with the aforesaid observation.
Order Date :- 2.4.2018 Shalini
1 issue framed by the court
Whether the entire proceedings of charge sheet dated 14.10.2017 and consequential summoning order dated 31.10.2017 should be quashed under Section 482 Cr.P.C.
1 provisions across 1 enactments
Suraj Kumar @ Suraj Gaurh And 22 Others
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
