Dismissed

Harish Kumar and Another v. State of U.P. and Anr.

Allahabad HC9 Mar 2018A482/5171/2018

Case brief

AI extract

What is this about?

The court rejected the application to quash a charge-sheet under Section 482 Cr.P.C. in a case involving alleged assault under Sections 323, 504, 506 IPC. The compaction held that investigation revealed injuries and made out cognizable offences, precluding quashing. The court directed applicants to seek discharge in court below. (1 paragraph)

What did the court decide?

Prayer for quashing the charge-sheet was refused. Applicants directed to approach the court below for discharge.

Harish Kumar and Another Vs State of U.P. and Anr. — Cheating and Forgery | Allahabad HC (2018)

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Court No. - 17

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Case :- APPLICATION U/S 482 No. - 5171 of 2018

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Applicant :- Harish Kumar And Another Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Kuldeep Singh Tomar Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh-I,J.

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This application under Section 482 Cr.P.C has been moved with a prayer to quash the charge sheet no. Nil of 2016 dated 11.4.2016 registered as case no. 1238 of 2016 (State vs. Harish and others) arising out of NCR No.105 of 2015 under sections 323, 504, 506 IPC P.S. Mant, District Mathura, pending in the court of Additional Chief Judicial Magistrate-III, Mathura.

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It is contended by the learned counsel for the applicants that this is a false case initiated by the opposite party no.2 against her husband applicant no.1 and elder brother of the husbandapplicant no.2. No such occurrence has taken place. The police has not made proper investigation and has filed the charge-sheet in routine manner. The parties have compromised in all other cases except the present one. If the proceedings are allowed to continue, it will amount to abuse of the process of court.

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Heard the argument of the learned counsel for the applicants and perused the record.

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According to NCR, on 14.12.2015 when she had gone to meet her lawyer and was returning home with her father, her husband Harish Kumar and 'Jeth' Kailash Chand along with two other unknown persons intercepted them and started beating both of them, as a result of which, she received internal injury. The police after investigation, has submitted charge-sheet. From the evidence gathered during investigation cognizable offence is made out, hence the case for quashing the charge-sheet is not made out. Accordingly, the prayer for quashing the charge-sheet is refused.

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However, the applicants-accused may approach the court below for getting themselves discharged under appropriate provision.

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With aforesaid direction, this application is finally disposed of.

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Order Date :- 9.3.2018 AU

Harish Kumar and Another v. State of U.P. and Anr.

Case brief

What is this about?

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Harish Kumar and Another v. State of U.P. and Anr.

Case brief

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What did the court decide?

What the court decided

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