Sujeet Pandey And 3 Others vs State Of Up And Another
2018 Latest Caselaw 3695 ALL

Citation : 2018 Latest Caselaw 3695 ALL
Judgement Date : 15 November, 2018

Allahabad High Court

Sujeet Pandey And 3 Others vs State Of Up And Another on 15 November, 2018

Bench: Bachchoo Lal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 15
 
Case :- APPLICATION U/S 482 No. - 38778 of 2018
 
Applicant :- Sujeet Pandey And 3 Others
 
Opposite Party :- State Of Up And Another
 
Counsel for Applicant :- Vivek Chaubey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

The present application under section 482 Cr.P.C. has been filed for setting aside/quashing the charge-sheet dated 16.6.2017 submitted in Case Crime No. 567 of 2017, under section 323, 504, 506 IPC, P.S. Khanpur, District Ghazipur as well as entire proceedings of Case No. 324 of 2017, under section 323, 504, 506 IPC, P.S. Khanpur, District Ghazipur pending in the court of Judicial Magistrate, Saidpur, District Ghazipur.

Learned counsel for the applicants submits that applicants are innocent and have falsely been implicated in this case due to village party bandi and election enmity. The applicant no. 3 is a student and applicant no. 4 is an old man aged about 75 years. The applicants have not committed the alleged offence. Prior to this case one FIR was also lodged by the family members of O.P. No. 2 and in that case charge-sheet under section 147, 323, 504 IPC was submitted by the police and the proceedings of that case has been stayed by this court in Application U/s 482 Cr.P.C. No. 77409 of 2018. The applicant no. 1 is Secretary of Samajwadi Party and family members of O.P. No. 2 are political workers of Bhartiya Janta Party due to which the applicants have falsely been implicated in this case only for the purpose of harassment.

A perusal of the record shows that the FIR of the alleged incident was lodged by O.P. No. 2. In FIR it has been mentioned that the applicants committed marpit with the son of O.P. No. 2 and also threatened to the O.P. No. 2. The Investigating Officer after concluding the investigation has submitted charge-sheet against the applicants under section 323, 504, 506 IPC.

Considering the facts and circumstances of the case, I do not find any ground to quash the charge-sheet as well as entire proceeding of the aforementioned case, therefore, the prayer for quashing the same is hereby refused and the application U/s 482 Cr.P.C. is dismissed.

Order Date :- 15.11.2018

Masarrat