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DEVENDRA SINGH & OTHERS versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Devendra Singh & Others v. State Of U.P. & Others - APPLICATION U/s 482 No. - 26963 of 2007 [2007] RD-AH 18247 (23 November 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

Hon'ble Shiv Charan J.

Heard learned counsel for the applicants, learned AGA for the State and perused the facts of the case.

An application u/s 482 Cr.P.C. has been instituted by the applicant invoking inherent jurisdiction of this court for quashing the charge sheet and proceeding of case no. 609 of 2007 in case crime no.03 of 2007 u/s 504,506 IPC& 3(1)(10) SC&ST Act P.S.Chandpa,District Hathras pending in the court of CJM Hathras.

It has been argued that prosecution story as alleged in the FIR is highly improbable. The complainant and applicants are belonging to different villages. It is not reliable that the accused persons in the month of December at about 8.00 pm. Will go at the residence of complainant to cause injuries. That independent witnesses have not supported the prosecution story and part of the story was displayed by the IO. This case has been falsely fabricated due to political reason.

Learned AGA opposed the argument of learned counsel for the applicants.

I have considered all the facts and circumstances. It may be possible that the complainant has exonerated the facts but IO submitted the charge sheet only for offence u/s 504,506 and 3(1)(10) SC/ST Act. Whether the presence of the witnesses on the spot is probable or not and the witnesses are supporting the prosecution story or not is to be seen by the trial court. But it cannot be said that no offence is made out. There is no reason to interfere in the proceedings. Application u/s 482 Cr.P.C. deserves to be disposed of finally.

The application u/s 482 Cr.P.C. is disposed of finally provided the bail application of the applicants shall be considered expeditiously. If any objection is filed bythe applicants before the trial court, the same shall be considered according to the Code of Criminal Procedure.

Dt.23.11.2007

Hsc/26963/07


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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