VIJAY KUMAR VERMA, J. - (1.) HEARD Sri Ram Jee Saxena Advocate appearing for the applicant and A.G.A. for the State.
(2.) BY means of this application under Section 482 of the Code of Criminal Procedure ( in short the Cr.P.C.), the applicant Opendra has invoked inherent jurisdiction of this court to quash the charge sheet No.1 of 2010 of case Crime No. 1053 of 2009, under Sections 498-A/304-B I.P.C. and Section 3/4 Dowry Prohibition Act in Criminal case No. 170 of 2010, ( State Vs. Nanak Chand and others) pending in the court of Addl. Chief Judicial Magistrate, Hapur, district Ghaziabad. The first and foremost statement made by the learned counsel for the applicant is that the offence punishable under Section 304-B I.P.C. would not be made out against the applicant, as according to averments made in the F.I.R. and Statements of the witnesses, the acid was administered to the deceased by the co-accused Smt. Neeraj (Jethani) of the deceased and Nanak (phupha) of the husband of deceased and one unknown person and no allegation about administering acid to the deceased has been levelled against the applicant Opendra, who is the Jeth of the deceased.
(3.) FURTHER submission made by the learned counsel for the applicant is that the applicant is serving in Indian Army and he was not present at the time of alleged incident and hence on this ground also, no offence against the applicant is made out.;