SANJAY VERMA Vs. STATE OF U.P.

JUDGEMENT

(1.) This application under Section 482 of Cr.P.C. has been filed by Sanjay Verma against State of U.P. and another, with a prayer for setting aside impugned charge-sheet and cognizance taking order dated 31.5.2016, in Criminal Case No. 889 of 2016, State Vs. Sanjay Verma, under Sections 354 of I.P.C., P.S. Kotwali, District Ballia, pending before Court of A.C.J.M. Ist, Ballia.

(2.) Heard learned counsel for the applicant and learned A.G.A. representing the State.

(3.) Learned counsel for the applicant argued that opposite party No. 2 Rekha Verma, who is informant-complainant of present case, lodged under Section 354 of IPC, is an accused in a case of murder of Omji Verma, which was manipulated by her to be shown as a railway accident death whereas FIR was got lodged and matter was investigated wherein, final report was submitted, against which protest petition was filed and order for further investigation was prayed. This is a false case lodged as counter blast for alleged occurrence after a delay. This offence under Section 354 of IPC as Case Crime No. 567 of 2016, was got registered, upon an application moved under Section 156(3) of Cr.P.C., wherein, investigation resulted in submission of charge-sheet No. 71 of 2016 dated 3.4.2016. Cognizance by Magistrate was taken on 31.5.2016. Occurrence was said to be of 3.11.2015 and case was registered on 15.3.2016. In between, above case of murder was got registered, wherein, she has moved an application regarding no enmity with anyone and it being death under railway accident. This was an offence of murder. Hence, this counter blast case was a result of concoction. But, trial Court failed to appreciate it, hence, this application for preventing abuse of process of law. Thereby, prayer for setting aside impugned charge-sheet and cognizance taking order with entire proceeding of above criminal case was prayed for.