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Manish @ Banti v. State Of U.P. & Another - APPLICATION U/s 482 No. 17496 of 2005 [2005] RD-AH 7094 (7 December 2005)


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Hobn'ble M. K. Mittal, J.

Heard Sri Shamsher Singh, learned counsel for the applicants, learned A.G.A. and perused the record.

Application has been filed under Section 482 Cr.P.C.  to set aside the charge sheet dated 4.6.2005 in Case Crime No. 6721 of 2005 (Crime No. 112 of 2004)  under Sections 307, 504 IPC pending in the Court of C.J.M., Baghpat.

The contention of the learned counsel for the accused applicant is that as per medical evidence no firearm injury was found on the body of the injured complainant and that the injuries were only lacerated.

He has further contended that the informant has lodged the report with false allegation against the applicant and the Investigating Officer has submitted the charge sheet without there being any legal evidence against the applicant and the same is liable to be quashed. As per the F.I.R., on 19.7.2004 when Udaiveer was going to the market and had reached at the shop of Sahendra, the accused applicant and one co accused Kapil started abusing him and when Udaiveer asked them not to do so, the accused applicant fired at him with intention to kill him and he received injuries in his abdomen. The incident was seen by witnesses and thereafter the accused ran away. Injured and the witnesses have been interrogated and they have stated that the accused had fired with country made pistol on him. At this stage under Section 482 Cr.P.C., it cannot be said that no offence is made out against the applicant as only prima facie case has to be seen.

In the circumstances, I do not find any ground to quash the charge sheet, therefore the application being devoid of merits is liable to be dismissed and is hereby dismissed.

Dated: 7.12.2005



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