An application under Section 482 Cr.P.C. to quash proceedings was filed alleging false implication. The court held that factual allegations require evidence appraisal and thus dismissed the application.
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Court No. - 49
Case :- APPLICATION U/S 482 No. - 15941 of 2018
Applicant :- Brajnandan @ Bajrangi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vinay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned AGA for the State.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 20.09.2017, cognizance dated 09.01.2018 and the entire proceeding of Case No. 89 of 2018, arising out of Case Crime No. 157 of 2017, under Sections- 506, 457, 380 I.P.C., Police Station Merapur, District Farrukhabad, pending before the Court of Addl. Chief Judicial Magistrate-IX, Farrukhabad.
Learned counsel for the applicant states that the applicant has been falsely implicated in this case owning to some village rivalry. However, argument advanced by learned counsel for the applicant is that it was not the applicant, who involved in the crime of theft etc., are factual in nature and would require appraisal of evidence and it cannot be considered at this stage. Learned counsel for the applicant states that he has already been enlarged on bail.
In view of the above, no interference is warranted, at this stage. The present application is dismissed .
Order Date :- 8.5.2018 Lbm/-
Brajnandan @ Bajrangi
State Of U.P.
Saumitra Dayal Singh
As recorded by the court registry
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