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Court No. - 80

Case :- APPLICATION U/S 482 No. - 11515 of 2021

Applicant :- Satendra Kumar And Another

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Ajendra Kumar

Counsel for Opposite Party :- G.A.,Vikash Srivastava A.

R..0236/2012

Hon'ble Rajeev Misra,J.

1. Heard Mr. Ajendra Kumar, the learned counsel for applicants, the

learned A.G.A. for State and Mr. Vikash Srivastava, the learned

counsel representing first informant/opposite party-2.

2. Instant application under Section 482 Cr.P.C. has been filed

challenging charge-sheet dated 28.01.2021 submitted in Case Crime

No. 311 of 2019, under Sections 420, 467, 468, 471 I.P.C. P.S.

Awagarh, District-Etah, Cognizance Taking Order/Summoning

Order dated 24.02.2021 passed by Civil Judge (Junior

Division)/Judicial Magistrate, Jalesar, District-Etah, in consequential

Criminal Case No. 84 of 2021 (State Vs. Satendra Kumar and

another) under Sections 420, 467, 468, 471 I.P.C. P.S. Awagarh,

District-Etah as well as entire proceedings of aforementioned

criminal case now pending in the court of Civil Judge (Junior

Division)/Judicial Magistrate, Jalesar, District-Etah.

3. Perused the record.

4. There is a brief history behind emergence of the Case Crime

Number giving rise to present criminal proceedings. Same also

needs to be noticed as present criminal proceedings stem out of the

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same. Record shows that in respect of an incident, which is alleged

to have occurred on 23.05.2017, a delayed F.I.R. dated 24.05.2017

was lodged by Turram Singh father of applicant-1 Satendra Kumar

and was registered as Case Crime No. 387 of 2017, under Sections

147, 148, 149, 307, 323, 504, 506 I.P.C., Police Station-Awagarh,

District-Etah. In the aforesaid F.I.R., five persons, namely, Sumitra

Devi, Neetoo, Suneeta, Babita and Prateek Yadav have been

nominated as named accused, whereas three unknown persons have

also been arraigned as accused.

5. The gravamen of the allegations made in the F.I.R. is to the effect

that named accused along-with others committed criminality upon

first informant/opposite party-2 and his other family members on

account of which, Satendra Kumar, son of first informant sustained

injuries.

6. After registration of aforementioned F.I.R., Investigating Officer

proceeded with statutory investigation of afore-mentioned case

crime number in terms of Chapter XII Cr.P.C. The injured Satendra

Kumar was got medically examined by the Police itself at Agra

Medical College, Agra. The injury report of injured has been brought

on record as Annexure-18 to the affidavit filed in support of present

application. Subsequently, the injured Satendra Kumar got his

NCCT of brain. The said report was also submitted before the

investigating Officer. Copy of same is also on record as part of

Annexure-18 to the affidavit.

7. Thereafter Investigating Officer examined first informant/opposite

party-2 and other witnesses under Section 161 Cr.P.C. On the basis

of above and other material collected by him during course of

investigation, which is substantially adverse to some of the accused,

Investigating Officer came to the conclusion that complicity of some

of the accused is established in the crime in question. He, therefore,

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opined to submit a charge sheet. Accordingly, Investigating Officer

submitted the charge-sheet dated 26.05.2017, whereby all the named

accused were charge-sheeted under Sections 147, 148, 149, 323,

325, 308, 504, 506 IPC, Police Station-Awagarh, District-Etah.

8. After submission of aforesaid charge-sheet, Cognizance was taken

upon same by concerned Magistrate, vide Cognizance Taking

Order/Summoning Order dated 10.10.2017 passed by Civil Judge

(Junior Division)/Judicial Magistrate, Jalesar Etah, Court No. 18,

District-Etah. As a consequence of above, Criminal Case No. 387 of

2017 (State Vs. Sumitra Devi and others), under Sections 14