Sonu@Sunu Kumar and 3 Others Vs State of Up and Another

Court No. - 23

Case :- APPLICATION U/S 482 No. - 9104 of 2019

Applicant :- Sonu@Sunu Kumar And 3 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Ravi Prakash Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard Sri Gaurav Sharma, Advocate holding brief of Sri Ravi Prakash Singh, learned counsel for the applicants and learned AGA for the State.

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This application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 14.1.2019 passed by Additional Chief Judicial Magistrate, Court no. 9, Aligarh in Complaint Case No. 3074 of 2016 (Smt. Sneh Vs. Sonu Kumar and others), under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. Chandaus, District Aligarh, pending in the Court of Additional Chief Judicial Magistrate, Court No. 9, Aligarh.

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It has been contended by learned counsel for the applicants that there are several contradictions in the statement under Section 200, 202 and 244 Cr.P.C. and no offence prima facie is made out to frame charge against the accused-applicants. The present prosecution has been instituted with a malafide intention for the purposes of harassment. He further pointed out certain documents and statements in support of his contention.

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Learned AGA opposed the prayer by submitting that at the time of framing charge, the court has to see only prima facie evidence.

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After having heard the learned counsel for the parties present and perused the impugned order, complaint as well as statement under Section 244 Cr.P.C., it cannot be said that there is no prima facie evidence against the applicants to frame charge, I do not see any good ground so as to justify interference in the impugned order, hence, no interference is requires by this Court. The prayer for quashing the impugned order is refused.

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The application lacks merits and is, accordingly, dismissed.

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Order Date :- 8.3.2019 Manoj

Sonu@Sunu Kumar and 3 Others v. State of Up and Another

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Sonu@Sunu Kumar and 3 Others v. State of Up and Another

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