J.J. Munir, J. - (1.) Heard Sri Alok Kumar Srivastava, learned counsel for the applicant and Sri MPS Gaur, learned AGA appearing on behalf of the State.
(2.) This application has been filed under Section 482 CrPC seeking to quash the impugned charge sheet dated 01.04.2018 in Criminal Case No.60501 of 2017-State Vs. Mohd. Zubair & Ors. (arising out of Case Crime No.82 of 2017), under Sections 147, 148, 149, 336, 427, 436, 511 IPC, Section 7 Criminal Law (Amendment) Act, 1932 and Section 3/4 of Prevention of Damage to Public Property Act, 1984, PS Swaroop Nagar, District Kanpur Nagar pending in Court of the Chief Metropolitan Magistrate, Court No.3, Kanpur Ngar.
(3.) The case against the applicant is that on the day of occurrence after a young man came under the wheels of a Roadways City Bus, the applicant along with the other nominated accused numbering eleven, commanding a mob of about 200-250 persons blockaded a public road and pelted stone on city buses, in consequence of which passengers of those buses took to their heels. There was an affray. Shopkeepers close by on account of the terror unleashed by the mob pulled down their shutter and also took to their heels. It is urged that the police from different police stations arrived, but the unlawful assembly of which the applicant was a part attempted to set afire city buses numbering two, the details of which are mentioned in the FIR. In the ensuing violence that was unleashed by the mob, police men sustained injuries as a result of brick bats thrown at them, the vehicle of SHO, Nawabganj was damaged. The blockade that was placed on the public road was removed with great difficulty by employing police force summoned from different police stations. In the entire episode, the applicant's role has been prominently noticed. After investigation the police have found the prosecution case in the FIR vindicated.;