RAM SAHAY Vs. STATE OF U. P.

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. has been filed by Ram Sahay, Shriram, Nisha Devi, Vandana and Ajay against State of U.P. and Hari Lal Yadav with prayer for quashing entire proceedings of Complaint Case No. 4314 of 2019, Harilal Yadav Vs. Ram Sahay and others, under Sections 323, 504, 452, 379 I.P.C., P.S. Saraimeer, district Azamgarh, pending in court of A.C.J.M, Court No. 12, Azamgarh.

(2.) Heard learned counsel for the applicants and learned A.G.A. for the State. Perused the records.

(3.) Learned counsel for applicants argued that it is a false case got registered after lapse of two years for an occurrence for which Case Crime No. 101 of 2015 was got registered on 7.6.2015 for the offences punishable u/s 147, 148, 452, 352, 323, 325, 504 I.P.C. against Harilal, Kalpu Yadav, Shailendra, and three others, wherein investigation resulted in submission of charge sheet and the same is pending. The same occurrence has been complained in the present complaint and general allegations against six accused persons were levelled, but one Ravindra was not summoned and others five applicants have been summoned for the offences punishable u/s 323, 504, 452, 379 I.P.C., whereas this was apparently a counter blast with a view to harass informant and prosecution witnesses of above previously instituted case and those medical documents were of 7.6.2015, whereas medico legal reports of the applicants were of 6.6.2015 i.e. instant medical report. Hence this application be allowed and thereby proceeding of complaint case be quashed.