Allahabad High Court
Ravi Kant Gautam & Another vs State Of U.P. & Others on 14 July, 2010
Author: Ravindra Singh
Bench: Ravindra Singh
Court No. - 43 Case :- APPLICATION U/S 482 No. - 5912 of 1991 Petitioner :- Ravi Kant Gautam & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- S.K. Yadav Respondent Counsel :- Aga Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
This application has been filed with a prayer to quash the proceedings of Criminal Case No. 2089 of 1990, under Sections 332, 325 IPC, pending in the Court of Ist Chief Judicial Magistrate, Aligarh. From the perusal of the record it appears that in the present case the N.C.R. has been lodged by opposite party no. 2, Smt. Susheela Gautam, under Sections 323, 504, 506 IPC on 1.9.1985, after investigation the charge-sheet has been submitted against Rajendra Prasad Gautam, Devendra Gautam, Babloo is the alias name of the applicant no. 1 Ravi Kant Gautam and Pappu is the alias name of applicant no. 2 Rakesh Kumar Sharma, on which, the learned Magistrate concerned has taken the cognizance. Thereafter, the charge has been framed and the statements of P.W. 1, Susheela Gautam and P.W. 2, Ram Nath Gautam have been recorded by the trial Court on 2.4.1991. The accused Rajendra Prasad Gautam and Devendra Gautam appeared in the Court but accused Babloo and Pappu did not appear in the Court, against them the N.B.W. and process under Sections 82/83 Cr.P.C. has been issued. The material collected by the I.O. prima facie disclosing the commission of offence punishable under Sections 325/323 IPC, the trial of this case is in progress where the statements of P.W. 1 and P.W. 2 have been recorded. There is no good ground for quashing the proceedings of above mentioned case. The prayer for quashing the above mentioned case is refused.
The interim order dated 4.5.1991 is hereby vacated. Accordingly, this application is dismissed. Let a copy of this order be communicated to C.J.M., Aligarh within a week for the purpose of further proceedings in the above mentioned case.
Order Date :- 14.7.2010 Ashish Tripathi