LAWS(ALL)-2005-12-197

LAXMAN Vs. STATE OF U P

Decided On December 09, 2005
LAXMAN Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) HEARD Sri. R. B. Saxena the Learned Counsel for the applicant, Sri S.B. Singh the learned Counsel for the opposite party No. 2 and the learned A.G.A. and perused the record. The learned Counsel for the applicant has prayed to delete he names of the applicants No. 4 and 5. He is allowed to do so.

(2.) THE application under Section 482 Cr. P.C. has been filed to quash the charge -sheet dated 16 -7 -2005 in case No. 530/2005, State v. Laxman and Ors., under Sections 498 -A, 323, 506 I.P.C. and 3/4 Dowry Prohibition Court P.S. Kosikalan District Mathura.

(3.) THE learned Counsel for the applicants has contended that the opposite party No. 2 has made false allegations against the applicants and 2 persons have not been charge -sheeted although the allegations are similar against all of them. But on this ground charge -sheet against applicants cannot be quashed at this stage. The averments as made in the application under Section 153(3) Cr. P.C., clearly show that there are prima facie allegations against the applicants. The applicants have not filed the statements of the complainant and other witnesses as recorded under Section 161 Cr. P.C.