SURENDRA TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) The application in hand is moved under section 482 of Criminal procedure code, 1973 by learned counsel Sri Dev Mani Mishra on behalf of applicant accused involved in case crime no. 80/2019 under Sections 323, 504, 506 IPC & Section 3(1)(D) of Scheduled Caste and Scheduled Tribes Act (which shall hereinafter be addressed as SC/ST Act), Police Station - Aspur Deosara, District Pratapgarh. The applicant seeks following reliefs, praying to:-

(2.) The grounds upon which the relief to quash the charge-sheet is sought, as pleaded in the application are-

(3.) Learned A.G.A concentrating over the ground that just because the applicant has no criminal history, the FIR, charge sheet as well as criminal proceeding initiated against him do not become shaky and suspicious in itself. He further argued that each and every case is to be looked into with respect to the particular allegations made therein and so far as the fact of accused having no criminal history is concerned, it may be a relevant fact to be stated as evidence in defence, however it is immaterial for considering whether or not the charge sheet is liable to be quashed. The argument of the learned A.G.A is supported with the interpretation of word 'fact' as interpreted under Section 3 of the Evidence Act, the 'interpretation clause', which is quoted hereunder provide as following:-