Dismissed

Chandrabhushan Verma v. State of U.P. and Another

Allahabad HC4 Jan 2021A482/15449/2020

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 Cr.P.C. seeking quashing of a charge-sheet. The Court held that the investigation record sufficiently supported the case and that claims of political rivalry or malafide intent were matters of defense not to be considered at the stage of cognizance.

What did the court decide?

The application under Section 482 Cr.P.C. to quash the charge-sheet is dismissed.

Chandrabhushan Verma Vs State of U.P. and Another — Caste Atrocities | Allahabad HC (2021)

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 15449 of 2020

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Applicant :- Chandrabhushan Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satya Prakash Mishra 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 and learned A.G.A for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the charge-sheet in S.S.T No. 348 of 2020 arising out of Case Crime No. 0208 of 2020 (State Vs. Chandrabhushan Verma), under Sections 323, 504 I.P.C and 3(1)(D), 3(1)(Dha) of S.C/S.T Act, Police Station Mardah, District Ghazipur.

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The learned counsel for the applicant contended that the applicant has been falsely implicated in this case due to political rivarly. Earlier the F.I.R was lodged against the informant of this case crime number in which the applicantaccused was witness and due to this enmity, this false case has been planted against the applicant-accused. The proceedings of this case has been initiated against the applicant-accused with malafide intention and ulterior motive for wrecking vengeance due personal grudge. It is a case of no injury.

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Learned A.G.A opposed this application seeking prayer to quash the chargesheet.

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The charge-sheet is the Annexure-4 of the affidavit. The case diary is made part of the affidavit as Annexure-6. From the perusal of the statement of the informant and witnesses under Section 161 Cr.P.C, the allegations made in the F.I.R are well supported and it cannot be said that no case is made out against the applicant-accused. The statement made by the learned counsel for the applicant that he has been falsely implicated due to political rivalry is the defence of the applicant and this plea cannot be raised at this stage taking cognizance on the charge-sheet by the court concerned. The perusal of the record and the evidence collected by the Investigating Officer is sufficient ground to proceed against the applicant-accused to take cognizance on the charge-sheet. As such, at this stage no interference can be made.

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With the above observations, this application under Section 482 Cr.P.C is dismissed .

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Order Date :- 4.1.2021 PS

Chandrabhushan Verma v. State of U.P. and Another

Case brief

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Chandrabhushan Verma v. State of U.P. and Another

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