Sharda Prasad vs State of Uttar Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 1497

SUBHASH CHANDRA SHARMA
Sharda Prasad – Appellant
Versus
State of Uttar Pradesh – Respondent

Advocates:
Advocate Appeared:
For the Applicant : Dharmendra Singh
For the Opposite Party :Govt. Advocate, Deepak Dubey

JUDGMENT :

Subhash Chandra Sharma, J.

1. List revised learned counsel for the applicants is present none appeared for the opposite party even in the revised call.

2. Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the material on record.

3. This application has been filed with a prayer to allow this application and quash the charge sheet No. 94 of 2003 dated 13.12.2003 and the entire proceedings in Criminal Case No. 5 of 2004 (State Vs. Sharda Prasad and others) under Sections 147, 148, 149, 323, 452, 504, 506 I.P.C. pending before the court of learned Chief Judicial Magistrate Kaushambi and also further prayed to stay the further proceeding in the aforesaid case.

4. It is submitted by learned counsel for the applicants that in this case the F.I.R. was lodged on the basis of an application under Section 156(3) Cr.P.C. containing false allegations for making maar-peet with the informant by the applicants. It is further submitted that this application was moved by the opposite party in counter-blast to that of N.C.R. lodged by applicants against the informant side regarding incident of maar-peet on 15.10.2003 in which the applicant side sustain

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