Court No.20
Criminal Misc. Case No. 278 of 2010
Guru Prasad Verma & 2 others .............Petitioners.
Vs.
State of U.P. & another .............Opp. Parties.
Hon'ble Raj Mani Chauhan, J.
Heard learned counsel for the petitioners, the learned A.G.A. and
perused the materials available on record.
This application under section 482 Code of Criminal Procedure
(hereinafter referred to as the Code) has been moved by the accused-
petitioners for quashing the charge sheet No.62 of 2009 dated 9.5.2009 filed
by the Investigating officer in case crime no.292 of 2009, under Section 323,
504, 506 I.P.C. & 3(1)X SC/ST Act , P.S. Tarun, District Faizabad as well as
the further proceedings of Sessions Trial No.455 of 2009 State Versus Guru
Prasad Verma and others, arising out on the basis of the above charge sheet.
The submission of the learned counsel for the petitioners is that the
complainant in his written report has alleged that the accused put Shovel on
his neck. All the three accused had badly beaten to him. But from the perusal
of his injury report no visible injury was found on his person. The accused are
students having bright career. The complainant just to damage their future has
falsely implicated them in this case.
From a perusal of the charge sheet it appears that the Investigating
officer during investigation of the case had collected the evidence and on the
basis of evidence, he had found that prima-facie case under Sections 323,
504, 506 I.P.C. and 3(1)X SC/ST Act, was being made out against the
accused.
I do not find any ground to quash the charge sheet. The application has
got no force and is liable to be rejected.
The application is, therefore, rejected.
However, it is observed that the accused at the time of framing of
charge may raise the plea before the trial court that no offence under Sections
323, 504, 506 I.P.C. and 3(1) X SC/ST Act, is made out. If such plea is raised
by the accused before the trial court, the court will pass speaking order on the
pleas raised by them. It is further observed that in case all the accused or any
of them or some of them move application for appearance through counsel,
the same may be allowed by the trial court unless their personal attendance is
essentially required to proceed with the trial.
28.01.2010.
Prajapati/-