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

Neutral Citation No. - 2024:AHC:126299

Court No. - 82

Case :- APPLICATION U/S 482 No. - 23118 of 2024

Applicant :- Raju And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Chauhan,Rahul Mishra Counsel for Opposite Party :- G.A.

Hon'ble Subhash Chandra Sharma,J.

Heard learned counsel for the applicants as well as learned A.G.A. for the State ad perused the record.

The present application has been moved with prayer to quash the entire proceeding including the charge sheet dated 27.03.2020 as well as cognizance/summoning order dated 19.10.2020 passed by learned Special Chief Judicial Maigstrate, Agra in Case No.Nil of 2020 (State vs. Raju and others) arising out of Case Crime No.79 of 2020, under Sections 147, 452, 323, 504, 506 I.P.C., Police Station Shahganj, District Agra pending in the court of learned Special Chief Judicial Magistrate, Agra and also prays to stay the further proceedings of the aforesaid case.

It is submitted by learned counsel for the applicants that they were implicated falsely in this case by the informant. Further submitted that there was dispute between the parties regarding which the applicants lodged an F.I.R. against the informant side and in counter-blast the present F.I.R. was lodged against the applicants by the informant. The injuries said to be caused are simple in nature and there is no any material on record to show that the applicants also committed marpit with the informant side but only for defense present story has been concocted. Further submitted that the injury report has also been managed by the informant side. The I.O. without making proper investigation submitted the charge sheet on the basis of which the learned trial court also took cognizance of the offence which cannot be said to be lawful and passed the order without applying its judicial mind, therefore, request to quash the proceedings of the case including charge sheet and cognizance order.