Khalid and 5 Others v. State of U.P. and Another

Court No. - 91

Case :- APPLICATION U/S 482 No. - 12343 of 2022

Applicant :- Khalid And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sumit Pandey Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

Heard Sri Sumit Pandey, learned counsel for the applicants and Sri Arivnd Kumar, learned AGA for the State-respondent.

By way of filing application u/s 482 Cr.P.C., the applicant prays for quashing the entire proceeding of criminal case No. 18558 of 2021, under section 147, 323, 504 IPC, P.S. Banna Devi, District Aligarh, arising out of charge sheet No. 1 of 2021 dated 5.8.2021 and case crime No. 588 of 2020, pending in the court of learned Chief Judicial Magistrate, Aligarh as well as cognizance order dated 5.8.2021.

Learned counsel for the applicant submitted that opposite party No. 2 is the close relative of the applicants and applicants have been implicated in the present matter only due to some family dispute. He further submitted that earlier a day before i.e. 12.9.2020, FIR was lodged by the sister of applicant no.1 against the opposite party No. 2 and others and only due to this reason, as a counterblast, next day i.e. 13.9.2020, an FIR of the instant case was lodged. He further submitted that without any proper investigation, in a very casual and cursory manner, charge sheet in the present case has been filed.

Per contra, learned AGA submitted that there is specific allegation made in the FIR that applicants assaulted opposite party No. 2 who is aged about 85 years and in that assault; she, herself and her brother sustained injuries and therefore, charge sheet against the applicants has rightly been submitted.