Sundar Lal and 2 Others v. State of U.P. Thru. Prin. Secy. Deptt. Home Govt. Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 10857 of 2023 Applicant :- Sundar Lal And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Govt. Lko. And Another Counsel for Applicant :- Mahesh Prasad Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Heard learned counsel for the applicants and learned A.G.A. for the State.

¶2The present application under Section 482 Cr.P.C. is filed with the prayer to quash the proceeding of Criminal Case No.210/2023, State Vs. Durgesh Kumar & Ors., arising out of Case Crime No.148/2022, under Section 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Baddupur, District Barabanki.

¶3Learned counsel for the applicants has submitted that general allegations have been levelled against the applicants and requested for kind indulgence of this Court.

¶4Learned A.G.A. opposed the prayer of the applicants and submitted that statement recorded under Section 161 Cr.P.C. is not annexed, only F.I.R. and charge sheet has been annexed, therefore, this cannot be examined by this Court that general allegations have been levelled against all the accused persons by the victim.

¶5Considering the submissions of learned counsel for the parties, going through the contents of the application, it is evident that evidences collected by the Investigating OfÏcer has not been annexed with the application, therefore, present application is liable to be dismissed.

¶6In view of the above, the present application under Section 482 Cr.P.C. is dismissed with liberty to the applicants to file afresh, in accordance with the law. Order Date :- 6.11.2023 Gaurav/- High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench