Dismissed

Ashok and 2 Others v. State of U.P. and Another

Allahabad HC27 Sept 2022A482/13643/2022

Case brief

AI extract

What is this about?

In this application under Section 482 Cr.P.C., the applicants sought quashing of a charge sheet arising from a violent altercation. The Court observed that both parties suffered injuries and the incident was admitted. Finding the prima facie commission of offence established and noting the presence of a counter-case, the Court held that no case for interference was made out and dismissed the appli

What did the court decide?

Application to quash the charge sheet is dismissed as devoid of merits with no case for interference.

Ashok and 2 Others Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 13643 of 2022

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Applicant :- Ashok And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Chandra Srivastava Counsel for Opposite Party :- G.A.,Rajesh Chandra Gupta

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Hon'ble Karunesh Singh Pawar,J.

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Heard Sri Dinesh Chandra Srivastava, learned counsel for the applicants, Sri S. K. Ojha, learned Additional Government Advocate for State, Sri Rajesh Chandra Gupta, learned counsel for the respondent no.2, and perused the record.

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The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 20.05.2021, arising out of Case Crime No.607 of 2020, under sections 336, 323, 504, 506, 323, 324, 325, IPC, Police Station Jewar, District Gautambudh Nagar, pending in the court of Judicial Magistrate, Gautambudh Nagar.

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Learned counsel for the applicants submits that applicants were not the aggressor and it is the respondent no.2, the complainant side, who have aggressor. He further submits that applicants side have also received injuries. He also submits that the applicants have been falsely implicated in the present case. The impugned proceeding are nothing but an abuse of the process of law.

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Per contra learned counsel for the respondent no.2 as well as learned AGA for the State submits that complainant side have received grievous injuries. The injury report has not been filed by the applicants. He has provided the injury report of Raman, one of the victim, which is taken on record.

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Perusal of the FIR prima-facie shows commission of offence. The charge sheet shows that the same has been filed after taking into consideration the statement of the complainant, the inspection of the place of occurrence, the statement of the prosecution witnesses. The injury report of Raman, one of the victim, shows that he has suffered grievous injuries in his left hand. Learned counsel for the parties admitted that both the sides have suffered injuries. The incident is also admitted by the parties. However, it is being disputed by both the parties that they were not aggressor, rather the other side is aggressor.

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On due consideration of the submissions advanced by learned counsel for the parties, perusal of the record, perusal of injury report of Raman, the facts that there are cross case from both the sides and both the sides have received injuries, prima-facie, commission of offence is made out. No case for interference is made out.

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The application is devoid of merits and is accordingly dismissed.

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It is made clear that any observation made by this Court, shall not effect the trial.

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Order Date :- 27.9.2022 VKG

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Digitally signed by VIJAY KUMAR GUPTA Date: 2022.09.29 17:17:21 IST Reason: Location: High Court of Judicature at Allahabad

Ashok and 2 Others v. State of U.P. and Another

Case brief

What is this about?

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Ashok and 2 Others v. State of U.P. and Another

Case brief

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