DINESH KUMAR VERMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rajneesh Pratap Singh, learned counsel for the applicant and Sri Gyan Prakash Singh, learned Deputy Solicitor General of India along with Sri Sanjay Kumar Yadav, learned counsel for C.B.I. and perused the record.

(2.) This application u/s 482 Cr.P.C. has been preferred for quashing of entire proceedings, including summoning order dtd. 9/1/2023, of Case No. 4 of 2023 (C.B.I. Vs. Dinesh Kumar Verma), in respect of chargesheet dtd. 30/12/2022, under Sec. 166A(b)(c), 167 IPC, arising out of F.I.R. No. RC 1202020S0005 of 2020, under Ss. 307, 376D, 302 IPC and Sec. 3 SC/ST Act, P.S.- C.B.I., A.C.B., District- Ghaziabad. By way of supplementary affidavit, the order dtd. 17/8/2023 passed by learned Special Judicial Magistrate, (C.B.I.), Ghaziabad in aforesaid case is also being impugned, whereby the discharge application filed by the applicant under Sec. 239 Cr.P.C. has been rejected.

(3.) The facts in brief of the matter are that on 14/9/2020 at about 10:30 AM, the informant lodged first information report against one Sandeep for offence under Sec. - 307 I.P.C. and Sec. 3(2)(v) S.C./S.T. Act, alleging that on 14/9/2020 his sister (hereinafter referred as victim) along with his mother has gone to collect fodder. While his sister / victim was collecting fodder at some distance from his mother, said Sandeep tried to kill her by strangle her neck. When victim cried, his mother exhorted that she was coming there and at the same time said Sandeep ran away. This incident took place at about 09:30 AM. After registration of case the investigation was taken up.