The Hon'ble Court dismissed the application under Section 482 Cr.P.C. to quash the charge sheet in a case under Section 3/5 Prevention of Damages to Public Property Act, 1984, holding that an offence was made out.
The prayer for quashing the charge sheet is refused.
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Court No. - 15 Case :- APPLICATION U/S 482 No. - 5870 of 2015 Applicant :- Om Prakash Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Abhishek Pandey Counsel for Opposite Party :- Govt. Advocate,Manoj Kumar Yadav
Hon'ble Umesh Chandra Tripathi,J.
List is revised. No one appeared on behalf of applicants and opposite party no.2 to argue the case.
Heard learned A.G.A. for the State and perused the record.
This application under section 482 Cr.P.C. has been filed to quash the charge sheet dated 04.03.2014 in Case No. 295 of 2015 (State Versus Srikant Prasad and others) arising out of Case Crime No. 625 of 2013, under Section 3/5 of the Prevention of Damages to Public Property Act, 1984, Police Station Sarpataha, District Jaunpur, pending in the court of Additional Chief Judicial Magistrate, Court No.5, Jaunpur.
From the perusal of first informant report and material available on record, it cannot be said that no offence is made out against the applicants.
The prayer for quashing the charge-sheet filed in the aforesaid case, is refused.
Accordingly, the application is dismissed .
Order Date :- 6.12.2018 Ashok Gupta
1 issue framed by the court
Whether the charge sheet in the case under Section 3/5 Prevention of Damages to Public Property Act, 1984 can be quashed under Section 482 Cr.P.C.
2 provisions across 2 enactments
Om Prakash
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
