Naheed Ara Moonis, J. - (1.) HEARD the Learned Counsel for the applicant, Sri Himanshu Upadhyay, Learned Counsel appearing on behalf of the complainant, leaned A.G.A. and perused the record.
(2.) THIS petition has been filed for quashing the charge sheet No. 91 -A/2010 dated 11.12.2010 in case Crime No. 156 -A/10 pending in the court of Civil Judge (Junior Division)/ Judicial Magistrate -I, Ballia whereby cognizance has been taken by the court below against the applicant. It is contended by the Learned Counsel for the applicant that there is a cross case in which the applicant had also lodged a first information report against the complainant.
(3.) IT is contended by the Learned Counsel for the applicant that the opposite party No. 4 had lodged a first information report in respect of the alleged incident dated 29.4.2010 on 2.5.2010 that scuffle took place while playing cricket and the applicant had assaulted him and had fired but the fire was missed. It is contended by the Learned Counsel for the applicant that the applicant had also lodged a first information report against the complainant and the charge sheet has also been submitted against him and cognizance taken by the court below hence the present proceeding is nothing but an abuse of the process of the court. The alleged affidavit given by the opposite party No. 4 where he has denied the incident as alleged in the first information report cannot be considered at this stage. From the perusal of the first information report prima facie offence is made out against the applicant and the prayer for quashing the proceeding is refused. The charge sheet has submitted long back and the court below has taken cognizance and criminal prosecution at its very inception cannot be quashed.;