RAMENDRA SHARMA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) The present petition under Sec. 482 Cr.P.C. has been filed with the prayer to allow this application and quash the entire proceedings of Case No.179/2021, arising out of Case Crime No.0312/2020, under Sec. 174-A IPC, P.S. Behjoi, District - Sambhal, pending before the court of learned Chief Judicial Magistrate, Sambhal at Chandausi, to quash the impugned charge sheet dtd. 1/9/2020 submitted in the aforesaid case and also to quash the impugned cognizance order dtd. 11/1/2021 passed by the learned Chief Judicial Magistrate, Sambhal at Chandausi. It has further been prayed to stay the entire proceedings of the aforesaid case.

(3.) The brief facts of the case are that an F.I.R. being Case Crime No.192 of 2020 dtd. 19/5/2020 has been lodged against the applicants under Sec. 34, 120-B, 504, 302, 149, 148, 147 I.P.C. and Sec. 3(2)(V) SC/ST Act, 1985. In the said case, despite the non-bailable warrant the applicants had not appeared before court then the order of proclamation under Sec. 82 Cr.P.C. was passed and thereafter, the applicants surrendered before the court below as stated in Para 18 to the application / present petition, which has not been disputed in Para 16 of the counter affidavit filed on behalf of State. After the applicants enlarged on bail. On 9/7/2020 an F.I.R. has been lodged by the Sub-Inspector against the applicants under Sec. 174-A IPC Case Crime No.0312 of 2020 has been registered in which after filing of chargesheet dtd. 1/9/2020 the cognizance order dtd. 11/1/2021 has been passed by the Chief Judicial Magistrate, Sambhal, Chandausi. The present petition/application has been preferred feeling aggrieved by the chargesheet dtd. 1/9/2020 and the cognizance order dtd. 11/1/2021 passed by the Chief Judicial Magistrate.