Application under Section 482 CrPC to quash FIR, charge-sheet, and summoning order in a criminal case was dismissed as allegations were supported by injury reports and witness statements, indicating no induhgence was required.
Application to quash charge-sheet and summoning order dismissed.
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Court No. - 91
Case :- APPLICATION U/S 482 No. - 4286 of 2022
Applicant :- Rajesh Kumar Pandey And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dewarshi Kumar Rai,Anil Kumar Shukla,Shyam Kumar Yadav Counsel for Opposite Party :- G.A.,Ran Vijay Singh,Umesh Chandra Tiwari
Hon'ble Sameer Jain,J.
Heard Sri Anil Kumar Shukla, learned counsel for the applicants, Sri Ran Vijay Singh, learned counsel for the opposite party no.2, Sri Arvind Kumar, learned AGA for the State and perused the record of the case.
By way of present application, the applicants made prayer to quash the charge-sheet no. 01 of 2020 dated 16.10.2020 as well as summoning order dated 21.09.2021 and entire proceedings of Case No. 818 of 2021 (State Vs. Rajesh Kumar Pandey and others) arising out of Case Crime No. 442 of 2020, under Sections 323, 504, 506, 325, 308 IPC, Police Station Karchhana, District Prayagraj pending in the court of A.C.J.M. 4th, Prayagraj.
Learned counsel for the applicants submitted that entire allegation made against the applicants are totally false and baseless and they have been falsely implicated in the present case and without any proper investigation, charge-sheet has been filed, therefore, impugned charge-sheet and summoning order are bad and are liable to be quashed.
Per contra, learned AGA and learned counsel for the opposite party no.2 submitted that it is a case relates to Section 308 IPC, in which, two persons sustained injuries, therefore, at this stage it cannot be said that applicants have falsely been implicated in the present case, therefore, present application is liable to be dismissed.
I have heard the counsel for the parties and perused the record of the case. There is specific allegation in the FIR as well as in the statement of the witnesses including the injured that applicants assaulted and due to their assault, two persons sustained injuries and after investigation, charge-sheet was filed against the applicants under Sections 323, 504, 506, 325, 308 IPC. As, the allegations made in the FIR and in the statements also found support from the injury report of the injured,
therefore, at this stage, no indulgence is required. Accordingly, the present application is dismissed.
Order Date :- 19.5.2022 AK Pandey
Digitally signed by ANUPAM KUMAR PANDEY Date: 2022.05.21 17:34:34 IST Reason: Location: High Court of Judicature at Allahabad
Rajesh Kumar Pandey And 2 Others
State of U.P.
Sameer Jain
As recorded by the court registry
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