SHEETLA PRASAD VISHWAKARMA 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 application under section 482 Cr.P.C. has been filed for quashing the entire proceedings of Criminal Case No. 1566 of 2018 (State Vs. Alok and others), under section 147, 323,427 IPC, P.S. Bahariya, District Allahabad arising out of Case Crime No. 146 of 2018 pending in the Court of Judicial Magistrate, Room No. 2, Allahabad as well as impugned summoning order dated 24.10.2018 passed by the Judicial Magistrate, Room No. 2, Allahabad in the aforesaid criminal case.

(3.) It is contended by the learned counsel for the applicants that the FIR of the alleged incident was lodged against 18 persons including the minor Shailesh Kumar Vishwakarma (applicant no. 11). At the time of alleged incident the applicant no. 11 Shailesh Kumar Vishwakarma was juvenile. In the statement recorded under section 161 Cr.P.C. the informant Babbu Bind has disclosed only the names of 17 persons. On being query made by the I.O. he has stated that he had lodged false FIR against one Manoj Kumar. Manoj Kumar was not present at the time of alleged incident. It has further been submitted that false story has been concocted by the prosecution. In fact, no such incident has taken place. It has further been submitted that Lathi, Danda, Fawra and Saria have been shown in the hands of the applicants. If the applicants have committed marpit with their respective weapons the injured persons must have sustained serious and grievous injuries but the injuries of the injured persons are simple and superficial in nature. It has further been submitted that the learned Magistrate has not considered the entire facts and circumstances of the case and evidence available on record and he has taken cognizance vide order dated 24.10.2018 and has summoned the applicants to face the trial. The present prosecution has been instituted only for the purpose of harassment.