CHHATRASAK SINGH SENGAR AND OTHERS Vs. STATE OF U.P. AND ANOTHER
LAWS(ALL)-2017-5-387
HIGH COURT OF ALLAHABAD
Decided on May 12,2017

Chhatrasak Singh Sengar And Others Appellant
VERSUS
State of U.P. and another Respondents

JUDGEMENT

HARSH KUMAR,J. - (1.) Heard learned counsel for the applicants, learned AGA for the State and perused the record.
(2.) The present application under section 482 Cr.P.C., 1973 has been moved by applicants with a prayer to quash the charge sheet dated 11.6.2001 and summoning order dated 12.10.2001 passed by Chief Judicial Magistrate, Etawah, in criminal case no.2771 of 2001.
(3.) Learned counsel for the applicants contended that the applicants have been falsely implicated in the F.I.R. lodged with inordinate delay of four and half months from the incident; that as per averments made in F.I.R., there was a dispute over installation of gate and the applicants allegedly entered into the house of first informant and committed the incident; that the entire prosecution story is false; that since the incident is alleged to have taken place inside the house of first informant, the offence under section 3 (1) (X) S.C./S.T. Act is not made out, because the incident has not taken place at a public place; that the applicant no.1 is a senior lawyer of District Courts, while applicant nos.2 and 3 are his daughters and applicant no.4 is his wife; that the medical of first informant/opposite party no.2 has been made after a delay of 5 days; that the F.I.R. has been lodged to harm and harass the applicants; that the applicants approached this Court for quashing of F.I.R., upon which vide order dated 19.4.2001, the arrest of applicants was stayed till submission of charge sheet; that the Investigating Officer has not conducted the investigation fairly and has submitted the charge sheet; that the charge sheet is liable to be quashed and proceedings of criminal case no.2771 of 2001 are also liable to be quashed.;


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