RAM VIR Vs. STATE OF U P

JUDGEMENT

(1.) M. K. Mittal, J. This application has been filed under Section 482 Cr. P. C. with the prayer to quash the proceedings in Criminal Case No. 57/05 State v. Ram Vir and Ors. Sections 147, 148, 149, 307, 323, 504 and 506 I. P. C. and Section 3 (2) (5) S. C. S. T. Act pending in the Court of Additional Chief Judicial Magistrate, 1st Mainpuri.

(2.) I have heard Sri Rama Shankar Shukla learned Counsel for the applicants, Sri Bhaiya Ram learned Counsel for the opposite party No. 2 learned A. G. A. and perused the record.

(3.) ACCORDING to the applicants, the prosecution story is false frivolous and vexatious and the report was lodged only to harass them. It has been contended that the applicants are peace loving persons and that prosecution case as taken, is inherently improbable. Ten persons are alleged to have caused injuries to 3 persons but no injury was received by any one of them. It appears that Lala Ram was medically examined on 25-1-2003 when he himself went for medical examination but the doctor did not find any mark of injury on his body. The two persons allegedly beaten, were not medically examined. ACCORDING to the applications no incident took place and the case has been lodged under S. C. S. T Act also, only to harass them and the charge-sheet is liable to be quashed.