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ALLAHABAD HIGH COURT
Manoj Misra, J.
Chhote Lal Gupta And 6 Others - Appellant
Versus
State of U.P. & Another - Respondent
Application U/S 482 No. 13090 of 2015
Decided On : 13-05-2015
Prima Facie Case - Quashing of Proceedings - Summary: The court dismissed the application seeking quashing of the proceeding and charge sheet, stating that a prima facie case is made out to proceed against the applicants based on the allegations and injury reports.
Fact of the Case:
The application sought quashing of the proceeding of Case No.330 of 2015 pending in the court of Judicial Magistrate-II, Ballia arising out of Case Crime No.26 of 2015, under Sections 147, 148, 308, 323, 504, 506 IPC, P.S. Bansdeeh Road, District Ballia.
Finding of the Court:
The court found that a prima facie case is made out to proceed against the applicants based on the allegations and injury reports, and therefore dismissed the application seeking quashing of the proceeding and charge sheet.
Issues: The issue was whether a prima facie case is made out to proceed against the applicants based on the allegations and injury reports.
Ratio Decidendi: The court's decision was influenced by the presence of allegations in the first information report and the injury reports, which indicated that a prima facie case is made out to proceed against the applicants.
Final Decision: The application seeking quashing of the proceeding as well as the charge sheet was dismissed by the court.
Manoj Misra, J.
The present application has been filed seeking quashing of the proceeding of Case No.330 of 2015 pending in the court of Judicial Magistrate-II, Ballia arising out of Case Crime No.26 of 2015, under Sections 147, 148, 308, 323, 504, 506 IPC, P.S. Bansdeeh Road, District Ballia.
2. From a perusal of the allegations made in the first information report as also the statement of the injured it cannot be said that a prima facie case is not made out to proceed against the applicants. There are injury reports also on record in support of the prosecution case.
3. In view of the above, the prayer of the applicants to quash the proceeding as well as the charge sheet cannot be accepted. The application is dismissed.
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