SUNIL KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Leave granted.

(2.) The present Appeal is directed against the judgment and order dtd. 13/3/2018 passed by the High Court of Judicature at Allahabad in Application No. 31175 of 2015 filed by the appellant-applicant seeking quashing of the chargesheet as well as the entire proceedings in respect of the case no. 3354 of 2015 pending in the Court of Chief Judicial Magistrate, Fatehpur (U.P.), whereby the High Court has dismissed the said Application.

(3.) The appellant was working as an Assistant Engineer in Uttar Pradesh Power Corporation Ltd. and the respondent no. 2 was working as Peon in the said office of the petitioner. On 11/9/2014, the appellant lodged an F.I.R. being no. 509 of 2014 before the Inspector In Charge, Kotwali Sadar, District Fatehpur alleging, inter alia, that an altercation had taken place between him and the respondent no. 2 in connection with some articles to be given to one consumer from the store, and the respondent no. 2 suddenly got annoyed and started abusing and threatening the appellant, and also tried to assault him with his sleeper. On the next day i.e., on 12/9/2014, the respondent no. 2 also lodged a complaint against the appellant before the said police station in respect of the said incident, and alleged that the appellant had assaulted, abused and also threatened to kill him. After the investigation, the Investigating Officer submitted the chargesheet against the appellant in respect of the F.I.R. No. 255 of 2014 for the offence under Sec. 323, 504 and 506. The appellant, therefore, filed the Application being no. 31175 of 2015 before the High Court to quash the said proceedings, which has been rejected vide the impugned order.