Application under Section 482 Cr.P.C. to quash a charge sheet filed in a criminal case was rejected by the Court due to absence of the applicant's counsel and presence of sufficient evidence recorded during investigation.
Application rejected, interim order vacated.
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Court No. - 22
Case :- APPLICATION U/S 482 No. - 5054 of 2005
Applicant :- Shiv Bhushan Singh And Others Opposite Party :- State Of U.P. And Others Counsel for Applicant :- Rajendra Prasad Tiwari Counsel for Opposite Party :- Govt. Advocate,C.B. Yadav,R.S. Yadav
Hon'ble Umesh Kumar,J.
Case called in revised. None appears on behalf of the applicants.
This application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 28.2.2005 filed by the I.O. in Criminal Case No. Nil/ 2005 in NCR No. 53 of 2003 under Section 323, 504 I.P.C., P.S.-Mau, District- Chitrakoot with an alternative prayer to stay the effect and proceedings of the aforesaid charge sheet.
It is apparent from the perusal of the record that a NCR has been lodged on 16.8.2003 and after investigating the matter under the order of the Magistrate, charge sheet has been submitted. Injury report is on record, which shows that the victim was assaulted.
In the absence of learned counsel for the applicants, I have gone through materials available on record. It appears that during investigation I.O. has recorded the statements of the victim and the witnesses Feran and Hari Kishan and the informant Ramesh Pratap Singh. After finding the sufficient evidence charge sheet in the matter has been submitted. Hence, quashing of the charge sheet neither required nor wanted under the circumstances explained earlier.
In view of the facts and circumstances of the case, the application is devoid of merits and is liable to be rejected.
Accordingly, this application is rejected.
Interim order, granted earlier, stands vacated.
Order Date :- 17.5.2019 Fhd.
Shiv Bhushan Singh And Others
State Of U.P. And Others
Umesh Kumar
As recorded by the court registry
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