VISHAL MISHRA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Angrej Nath Shukla, learned counsel for the applicants, Sri Shiv Nath Tilahari, learned AGA-I and Sri Aniruddh Kumar Singh, learned AGA-I for the State.

(2.) By means of the instant application, prayer has been made to quash the charge sheet and cognizance order dtd. 30/1/2023 and supplementary charge sheet and cognizance order dtd. 15/6/2023 passed by the Judicial Magistrate First Gonda as well as entire proceedings of Criminal Case No.11874 of 2023, arising out of Case Crime No./F.I.R. No.0516 of 2022, under Ss. 147, 148, 149, 323, 504, 506, 307 I.P.C. and Sec. 2/3 Prevention of Damage to Public Property Act and Sec. 3 of Explosive Substance Act, registered at Police Station Kotwali Dehat, District Gonda.

(3.) Factual matrix of the case is that the incident is said to have taken place on 1/11/2022 at 7.00 AM and the injury was examined on the same date at 11.50 AM, in the police custody and the F.I.R. of the incident was lodged on 2/11/2022 at 1.05 pm. After the F.I.R. was lodged, the police investigated the matter and submitted the charge sheet on 26/1/2023, under Ss. 147, 148, 149, 323, 504, 506, 307 of I.P.C. and 2 and 3 of the Prevention of Damage to Public Property Act, thereafter further investigation was done and supplementary charge sheet was filed on 9/6/2023, whereafter the trial court took cognizance of the offence under Sec. 3 of the Explosives Substances Act 1908 (hereinafter referred to as 'the Act, 1908') along with the other Sec. and has summoned the accused persons including the present applicants.