Allahjabad high court - APPLICATION U/s 482 No. - 42137 of 2014 at Allahabad : Rukma Devi And 3 Ors. Vs. State Of U.P. And Another




Court No. - 47

Case :- APPLICATION U/S 482 No. - 42137 of 2014

Applicant :- Rukma Devi And 3 Ors.

Opposite Party :- State Of U.P. And Another

Counsel for Applicant :- Vishal Agrawal,Anshika Agarwal

Counsel for Opposite Party :- Govt. Advocate

Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the applicants and the learned AGA and have taken through the record.

By means of the present application under Section 482 Cr.P.C. the applicants have invoked inherent jurisdiction of this Court with a prayer to quash the entire proceedings of� case no. 384 of 2014 arising out of N.C.R. No. 20 of 2013 under Sections 323, 504, 506 IPC, P.S. Hathras Junction, District Hathras, pending in the court of Judicial Magistrate, Hathras.

It is submitted by the learned counsel for the applicants that the applicant no. 1 is the mother of the applicant nos. 2, 3 and 4 and they all are maliciously being prosecuted in the present case on the basis of false allegations made in the first information report by the opposite party no. 2 that they had encroached her plot by raising a wall, forcibily and when she restrained them, they had started assaulting upon her. The entire prosecution story is based on fabricated facts which has resulted into grave injustice with the applicants.� There is no medical report on record in respect of the prosecution case. The investigating officer has submitted the charge sheet in very pedantic and casual manner.� Hence, no prima facie offence is made out against the applicants and the entire proceedings against the applicants may be vitiated.

Per contra learned AGA contended that the investigation was done in a fair and impartial manner and the investigating agency collected credible and clinching material on the basis of which charge sheet was submitted. There is no illegality or perversity in the order passed by the court below, therefore, the applicants does not deserve for any indulgence.

From the perusal of the materials on record and looking into the facts and after considering the arguments of the learned AGA for the State, it cannot be said that no offence has been made out against the applicants. Cognizance taken by the trial court, whereby the applicants have...

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