SOHAN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicants, learned A.G.A for the State and also perused the record.

(2.) This application under Sec. 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge sheet dtd. 12/9/2019 and cognizance and summoning order dtd. 7/11/2019 as well as entire proceedings of Case No.2282 of 2019 (State vs. Sohan @ Radheyshyam Ram and others) arising out of NCR No.156 of 2018, under Ss. 323, 504 IPC, Police Station Baburi, District Chandauli, pending in the Court of Judicial Magistrate, Chakiya, District Chandauli.

(3.) Brief facts which are requisite to be stated for adjudication of this application are that complainant Santosh Kumar had moved a written complaint on 25/10/2018 before SO, Baburi, Chandauli with the allegations that on 25/10/2018 at about 05:00-06:00 pm, when the complainant was going towards his field, the accused persons Chandan and Sohan came and stopped the complainant and started using filthy language against him, when the complainant objected to do the same, they started beating him by stick, kick and fist. When the sister of the complainant, Gaytri tried to save, then all the accused persons also beaten her due to which she has also sustained injuries. On this application, NCR No.156 of 2018, under Sec. 323 and 504 IPC has been registered and after taking permission for investigation, Investigating Officer recorded the statement of the injured witnesses and submitted charge sheet no. NIL of 2019 in NCR No.156 of 2018 against the applicants under Ss. 323, 504 IPC. On charge-sheet, Magistrate has taken cognizance on 7/11/2019 and issued summons to the applicants.