RAM KOMAL Vs. STATE OF U.P

JUDGEMENT

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

(2.) This application under Sec. 482 Cr.P.C. has been filed to quash the proceeding of Criminal Case No. 1278 of 2005, under Ss. 147, 149, 323, 452, 435, 504, and 506 I.P.C., registered at Police Station Bankata, District Deoria, pending in the Court of Judicial Magistrate, Court No. 11, Deoria.

(3.) The brief facts of the case are that on 8/1/2005 at about 3:00 p.m., eight persons including the applicants came to the house of informant-opposite party no. 2 - Uma Shankar Kushwaha with an intention of taking possession of Sahen land, which was situated at the door of the informant. During the said action, all the accused abused the family members of the informant, entered into the house and beaten them. In this connection an F.I.R was lodged by opposite party no 2 on the same day at 03:00 p.m, which was registered as Case Crime No. 03/2005 under Ss. 147, 148, 323, 504, 506, 452, 435 I.P.C at P.S. Bankata, District Deoria. A copy of the same is annexed as Annexure No. 1 to the affidavit. The Station Officer of P.S. Bankata investigated the matter and after completing the investigation, a cherge-sheet was submitted by him on 13/1/2005 against five persons namely Daroga, Rakesh @ Lal Babu, Chandrika, Manoj and Pramod, under Ss. 147, 323, 504, 506 I.P.C and found that the applicants namely Ram Komal, Rajesh and Bhuwar were falsely implicated and as such final report has been submitted in respect of the applicants. A copy of the charge-sheet/final report has been annexed as annexure no. 2 to the application.