Rajkali and 3 Others Vs State of U.P. and 2 Others

Court No. - 45

Case :- APPLICATION U/S 482 No. - 16664 of 2020

Applicant :- Rajkali And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Avanish Pratap Singh,Udai Bhan Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chand,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State-respondent and perused the paper book.

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This application U/s 482 Cr.P.C. has been filed by the applicants for quashing of the cognizance taking order dated 31.05.2019 as well as charge sheet dated 26.12.2018, in Case No. 1456 of 2019 (State Vs. Rajkali and others), arising out of case crime no. 374 of 2018, under Sections 325, 323, 504, 506 IPC, P.S. Janakpuri, District Saharanpur, pending in the court of Additional Chief Judicial Magistrate, Saharanpur.

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The contention of learned counsel for the applicants is that there is cross version of the present case in hand but FIR of the same was not registered, while the applicants are not the aggressor and accordingly applicants prayed for quashing of the proceedings of the above mentioned case.

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Learned A.G.A. opposed the contentions of learned counsel for the applicants and submitted that in para-9 of the affidavit the incident in question has been admitted by the applicants.

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The contention of learned counsel for the applicants that they are not the aggressor, same cannot be adjudicated at this stage. The charge-sheet has been filed after conclusion of the investigation and cognizance of the offence has been taken by the court concerned, therefore, the plea of the applicants that they are not the aggressor can very well be decided during the proceedings before trial Court and not before this Court.

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Accordingly the application being devoid of merit is dismissed .

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Order Date :- 20.11.2020 Prajapati

Rajkali and 3 Others v. State of U.P. and 2 Others

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Rajkali and 3 Others v. State of U.P. and 2 Others

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