GOPAL KRISHNA Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned counsel for the applicant, learned AGA for the State and Shri Vivek Kumar Singh for the complainant. By moving the present application under Section 482, Cr.P.C. the applicant has made prayers that the entire proceedings of criminal case no. 93 of 2012, under Sections 279, 337, 338, 427, IPC arising out of case crime no. 55 of 2012, P.S. Doghal, District Baghpat be quashed and further that the orders dated 7.2.2013 and 28.1.2014 passed by the Judicial Magistrate, Baghpat be quashed. Vide order dated 7.2.2013 the court took cognizance in the matter and vide order dated 28.1.2014 charge was framed against the applicant facing trial in the case.

(2.) IT has been argued that the cognizance has wrongly been taken under the provisions of Section 190(1)(b), Cr.P.C., hence, the proceedings are liable to be quashed. So far framing of charge against the applicant is concerned, it has been argued that despite there being lack of evidence charge has been framed. It has also been argued that the applicant is a physically disabled person.

(3.) EVEN on the prior occasion the applicant has approached this Court by moving Application U/S. 482 No. 34786 of 2013 with the prayer that the entire proceedings of the case be quashed. This prayer was not attended by this Court and the prayer was rejected though a protection was granted for releasing the applicant on bail.