BINDU Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Madhaw Prasad, learned counsel for the applicants, Sri Rajnish Shukla, learned counsel for opposite party no.2 and perused the record.

(2.) This application under Sec. 482 CrPC has been moved to quash the entire proceedings of Criminal Case No.124217 of 2021 (State Vs. Bindu Chaudhary and others) arising out of Case Crime No.77 of 2021, under Ss. 323, 504, 308 IPC, Police Station Compierganj, District Gorakhpur pending in the Court of Judicial Magistrate-III, Gorakhpur as well as charge sheet dtd. 8/8/2021 and also NBW dtd. 5/4/2022 issued against applicant no.1.

(3.) In brief, facts of the case are that opposite party no.2, Sanjay Kumar lodged an NCR on 1/4/2021 about the incident dtd. 9/3/2021 that on account of old enmity applicants accused had beaten him by lathi-danda and caused several injuries to him. He was medically examined on the same day at 11:40 a.m. in which the doctor found three injuries of complaint of pain and one Neutral Citation No. - 2023:AHC:76787 Snjury of lacerated wound on the top of head, 12 cm above of left ear which was kept in observation.