Single judge application seeking quashing of criminal proceedings alleging counter-blast nature. Court found no merit as prior FIR involved different informant and facts. Application dismissed.
Application for quashing criminal proceedings under Section 482 CrPC dismissed.
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Court No. - 86
Case :- APPLICATION U/S 482 No. - 7462 of 2021
Applicant :- Akhilesh Gautam And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sameer Yadav,Babu Ram Yadav Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
This is an application on behalf of the appellants Akhilesh Gautam, Shailesh Gautam and Arvind Nishad with the prayer to quash the entire proceedings of Case No.979 of 2021 (State vs. Akhilesh Gautam and others) arising out of chargesheet dated 16.01.2020 filed in Case Crime No.113 of 2019, under Sections 323 and 506 I.P.C., Police Station Sujanganj, District Jaunpur.
Heard learned counsel for the applicants, learned A.G.A. for the State-respondent and perused the record.
Learned counsel for the applicants submits that present proceedings are counter blast proceedings against the applicants since F.I.R. had been lodged on behalf of the applicants against Nirbhay Singh and Rajendra Singh which was registered on 21.10.2019 as case crime no.300 of 2019, under Sections 323 and 504 I.P.C. and under Section 3(1) (Da) S.C./S.T. Act.
Learned A.G.A. opposes the contention of the learned counsel for the applicant and contended that as per the F.I.R. case crime no.311 of 2019 date of occurrence is 16.12.2019, which was registered on 17.12.2019 and the informant is Anupam Singh and accused are Ramesh Yadav, Vakeel, Akhilesh Gautam, Shailesh Gautam and Arvind Nishad. As per the F.I.R. case crime no.300 of 2019, among the accused persons the informant Anupam Singh is not accused and no allegation has been made out against the informant as such present proceedings cannot be
accepted to counter blast of the previous F.IR. So far as statements of the informant and witnesses are concerned, all the witnesses supported the F.I.R.. Chargesheet has been submitted and cognizance has also been taken.
In view of the facts and circumstances of the case, I do not find any merit in the submissions advanced by the learned counsel for the applicant.
The application is accordingly dismissed.
Order Date :- 18.3.2021
Asha
1 issue framed by the court
Whether criminal proceedings initiated against applicants constitute counter-blast to prior FIR lodged by same applicants, warranting quash under Section 482 CrPC.
Akhilesh Gautam
Shailesh Gautam
Arvind Nishad
State of U.P.
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
