Mithai Lal and 3 Others Vs State of U.P. and Another

Court No. - 53

Case :- APPLICATION U/S 482 No. - 21215 of 2018

Applicant :- Mithai Lal And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Raj Kumar Yadav,Deepak Singh Yadav

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Counsel for Opposite Party :- G.A.

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Hon'ble Ashwani Kumar Mishra,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the entire Criminal Proceeding against the applicants arising out of Criminal Case No. 203/2018 (State Vs. Mithai Lal and others) relating to Case Crime No. 1433/2016, under Sections 323, 504, 506, 452, I.P.C., Police Station Shahganj, District Jaunpur (N.C.R. no. 163/2016) pending in the Court of learned Additional Chief Judicial Magistrate Ist, Jaunpur as well as to quash the impugned charge sheet dated 07/12/2016 (Annexure no. 7) submitted against the applicants in case Crime No. 1433 of 2016.

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The contention of learned counsel for the applicants is that cross cases have been lodged by the parties and that the injuries are simple in nature.

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Perusal of the record goes to show that medical report etc. has been taken note of and relied upon for submission of charge sheet in the matter. At this stage, it cannot be said that there exists no prima facie evidence to implicate the applicant for commissioning of offences, as alleged. In such circumstances, no case for quashing the entire proceeding of the aforesaid case is made out.

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However, in the facts and circumstances noticed above, it is directed that in case the applicants appear before the court concerned within thirty days from today and apply for bail, the same shall be heard and disposed of expeditiously, strictly in accordance with law.

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With the above directions, this application is disposed of .

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Order Date :- 13.6.2018 NS

Mithai Lal and 3 Others v. State of U.P. and Another

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Mithai Lal and 3 Others v. State of U.P. and Another

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