DANISH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants, learned counsel for opposite party no. 2, learned A.G.A. for the State and perused material on record.

(2.) This application u/s 482 Cr.P.C. has been filed with the prayer to quash the entire criminal proceedings of Case No. 890/2017, under Sections 147, 148, 308, 323, 324, 504, 506 IPC, P.S. Deoband, District Saharanpur as well as to quash the charge-sheet No. 473-A of 2017 dated 06.04.2017 submitted by police after concluding investigation of case crime no. 598 of 2016, under Sections 147, 148, 308, 323, 324, 325, 504, 506 IPC, police station Deoband, district Saharanpur.

(3.) It has been argued by the learned counsel for the applicants that applicants are innocent and they have been falsely implicated in this case. It was pointed out that a non-cognizable report of alleged incident was lodged by opposite party no. 2 on 26.08.2016, but the applicants were not named in that report. The witnesses were examined under Section 161 Cr.P.C., but they have also not named the applicants. It was submitted that the police submitted charge-sheet against four co-accused persons for offence under Sections 308, 323, 324, 504, 506 IPC on 18.10.2016 and thereafter, an application was moved by the complainant alleging that matter has not been investigated properly and thereafter, on the basis of statements of complainant and a witness, the names of applicants were added in reinvestigation. It was further submitted that co-accused Kalim has lodged an FIR vide case crime no. 594/2016, under Sections 307, 323, 504, 506 IPC at police station Deoband, district Saharanpur in respect of same incident, which has taken place on 26.08.2016 and in that matter opposite party no. 2 is an accused and that impugned proceedings were launched as a counterblast of the same. Learned counsel has submitted that as the version regarding involvement of applicants has been developed by the complainant and witnesses subsequently, thus, those allegations cannot be believed and that no prima facie case is disclosed against the applicants.