MUNESH PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an application under Section 482 Cr.P.C. to quash the proceedings of criminal case No. 2444/07, State v. Munesh Prasad, P.S. Station Phulpur, District Allahabad case crime No. 161/2005, under Sections 332, 353, 504, I.P.C. and 7 Criminal Law Amendment Act, P.S. Phulpur, District Allahabad.

(2.) THE facts relevant for disposal of this application are that on 20 -10 -2005 at 7.10 a.m., the F.I.R. was lodged by Dinesh Chandra Kackkar at P.S. Phulpur, Allahabad against the accused Munesh Prasad with the allegations that on 19 -10 -2005 at about 10 p.m. Dinesh Chandra Kackkar was on duty at the IFCO Railway Office, and at that time the accused applicant came to his office and demanded the tiffin box, then Avadhesh stated that the tiffin box was dirty and he will deliver it after cleaning it. He started the cleaning the tiffin box. But Munesh Prasad started abusing. Then Dinesh Chandra Kackkar said to him that Awdhesh was not his servant but he is employee of the railway. Then the accused stated that he would see Dinesh later on. Dinesh Chandra Kackkar gave information of this incident to the IFCO authorities and then to the Manager Sri K. Srivastava. Thereafter the police personnel reached there and they scolded Munesh Prasad. Then Munesh went away but he again came at about 1 a.m. on 20 -10 -2005 having an iron rod in his hand and started beating Dinesh Chandra Kackkar. Dinesh Chandra Kackkar received injuries. Thereafter the accused went away. Dinesh Chandra Kackkar got himself medically examined in the hospital and he also gave information of this incident to the authorities. Thereafter he went to the police station and lodged the report. It was also stated that the entire work of the office had come to standstill due to the above incident. Hence the case was registered under Sections 332, 353 and 504 I.P.C. and Section 7 Criminal Law Amendment Act and after investigation the I.O. submitted the charge -sheet under the above sections against the accused.

(3.) THE Magistrate after hearing the applicant rejected the above application. Then he moved this application under Section 482 Cr.P.C.