- (1.) Heard Sri Rajul Bhargawa, learned counsel for the applicants and the learned A.G.A. for the State in this application under Section 482, Cr PC.
(2.) The prayer of the applicants, in this application, is to quash the proceedings under Sections 498-A, 323 and 307 of Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, which arises from charge-sheet. In proceedings under Sections 307 and 506 of Indian Penal Code before the Chief Judicial Magistrate, Moradabad, the prosecution's allegation was that the applicant caught hold of the injured person while the other accused Praveen alias Chintoo fired with country made pistol, in consequence whereof, accused Sonu alias Amit sustained gun-shot injury at the back side of the neck. This incident is said to have taken place between night of 27/28.11.2004 at 12.15 O'clock. Evidence produced before the Investigating Officer during investigation was that Praveen was arrested under Section 151, Cr PC at Kanpur in the night of 27/28.11.2004, with regard to which entry No. 8 was made in the Roznamcha at 3.30 p.m. and was produced before the City Magistrate during the day thereafter.
(3.) Copy of the chick report of the offence committed by co- accused Praveen alias Chintoo has not been filed by the applicant and seems to have been deliberately withheld. The applicant should have filed all documents about his arrest and production before Curt of co-accused Praveen, if she wanted to rely on the same. The Court will not accept such perfunctory evidence of alibi. The Investigating Officer seems to have accepted the plea of alibi without examining in depth all the surrounding circumstances.;