Dismissed
Vikas Singh and 2 Others v. State of U.P.and Another
Allahabad HCA482/7612/2022
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Case :- APPLICATION U/S 482 No. - 7612 of…
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Case :- APPLICATION U/S 482 No. - 7612 of…
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Court No. - 87
Case :- APPLICATION U/S 482 No. - 7612 of 2022
Applicant :- Vikas Singh And 2 Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Ashutosh Singh,Saurabh Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash Tripathi,J.
Heard learned counsel for applicant and learned A.G.A. for State.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the Complaint Case No. 2111 of 2021 (Vakil Vs. Vikas Singh and others) pending in the court of Judicial Magistrate, Kaushambi, under Sections 323, 504, 506, 354 I.P.C. as well as summoning order dated 10.01.2022 passed by the Judicial Magistrate, Kaushambi.
It has been contended by learned counsel for applicant that there is no evidence against the applicants. There is no medical report of the injured. Trial court has not appreciated the evidence. There is no credible evidence against the applicants. It is also submitted that there was old enmity between the parties.
At the stage of summoning only prima facie case is to be seen and in this case there is prima facie evidence against the applicants for summoning. The submission is that there is no injury report. Applicant has been summoned under Section 323 I.P.C. in which injury report is not mandatory. Old enmity is double edged sword by which the applicants may cause incident as well as complainant may falsely implicate them. This point shall be decided after the evidence of the parties. There appears no manifest error material irregularity in summoning order. Perused the material on record I do not find, it a fit case to exercise inherent power in favour of the applicant.
This application under Section 482 Cr.P.C. has no force and dismissed accordingly.
Order Date :- 18.7.2022 Sharad/-
Digitally signed by SHARAD KUMAR SRIVASTAVA Date: 2022.07.19 11:52:55 IST Reason: Location: High Court of Judicature at Allahabad
Vikas Singh And 2 Others
Om Prakash Tripathi
As recorded by the court registry
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