Allahabad High Court
Dilip Singh And 10 Others vs State Of U.P. And Another on 7 July, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 87 Case :- APPLICATION U/S 482 No. - 9451 of 2022 Applicant :- Dilip Singh And 10 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Prasad Yadav Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Tripathi,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
2. The present 482 Cr.P.C. application has been filed to quash the the charge sheet no. 01 of 2019 dated 13.09.2019, in case no. 2315 of 2019 (State Vs. Jalaj Singh and others) arising out of Case Crime No. 0066 of 2019, under Sections 147, 148, 149, 452, 307, 354, 323, 325, 504, 506 I.P.C., P.S Paikolia, District Basti.
3. It is submitted by the learned counsel for the applicant that it is a case of free fight and both sides had received injuries. It is also submitted that during marpeet the assault or criminal force to a woman that intend to outrage her modesty is not probable. There is recovery of small lathi which is used as a weapon for marpeet by which such marpeet is probably not possible. It is submitted that in case crime no. 67 of 2019 in which applicant was informant police has not filed charge-sheet and filed final report. Learned counsel for the applicant is not sure that protest application against final report is pending or not.
4. On the facts and circumstances of the present case, this is not a fit case in which inherent power can be exercised under Section 482 Cr.P.C. It appears that there is no abuse of process of law. Application has no force and is liable to be rejected.
5. Hence, this application is hereby rejected.
Order Date :- 7.7.2022 PS