RAM ASRE VERMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record.

(2.) The present 482 Cr.P.C. application has been filed to quash the Charge Sheet dtd. 22/2/2024 as well as Cognizance/Summoning Order dtd. 27/9/2024 passed by Learned Additional Civil Judge (S.D.), Court No.3/Additional Chief Judicial Magistrate, Kanpur Dehat in Case No. Nil of 2024 [State Versus Prem Narayan and Others) arising out of Case Crime No. 08 of 2023, Under Sec. 295-A of I.P.C., Police Station Sikandara, District- Kanpur Dehat, pending in the Court of learned Judicial Magistrate, Court no. 2 Kanpur Dehat.

(3.) It is alleged in the F.I.R. that informant-opposite party no. 2, who is coordinator and the member of Bajrang Dal, lodged F.I.R. alleging that accused persons have pasted banner to disturb communal harmony in the society. Counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case. On perusal of averments as alleged in the F.I.R. and the statement of the informant recorded under Sec. 161 Cr.P.C., no offence under the alleged sec. is made out. He further submitted that the evidence collected by the I.O. is not fulfill the ingredients to constitute the offence under the aforesaid sec. . Whole proceeding against the applicant is abuse of the process of the court. He next submits that cognizance taken by the learned Magistrate is without application of judicial mind as he has summoned the accused persons without perusing the entire material. He further submits that no prosecution could proceed against the applicants, in such circumstances.