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2025 DAILYLAW 13967 (ALL)

GAMA ALIAS GANGA PRASAD AND 6 OTHERS v. STATE OF U.P. AND ANOTHER

A482/3939/2025 · 2025-03-11

Vikas Budhwar

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Judgment text

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Neutral Citation No. - 2025:AHC:36235 Court No. - 74 Case :- APPLICATION U/S 482 No. - 3939 of 2025 Applicant :- Gama Alias Ganga Prasad And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Bahadur Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Vijay Bahadur Yadav, learned counsel for the applicants, who are seven in number, as well as Sri Jyoti Singh, learned AGA for the State/opposite party no.1. 2. This application under Section 482 Cr.PC. has been filed by the applicant to quash the entire proceedings of Case No. 1744 of 2024 (State Vs. Ganga Prasad and others), arising out of Case Crime No. 119 of 2024, under Sections 147, 149, 323, 504, 506, 308, 325 IPC, Police Station- Kheta Sarai, District Jaunpur, pending before the court of learned Additional Chief Judicial Magistrate-I, Court No.12, Jaunpur. 3. Learned counsel for the applicant has submitted that a first information report stood lodged on 27.5.2024 against the applicants who are seven in number along with other co-accused, being No.0119 of 2024, under Sections 147, 149, 323, 504, 506, 308, IPC, Police Station- Kheta Sarai, District Jaunpur, relatable to the commission of the offences on 25.5.2024 at 4.00 in the evening whereby when his goat had gone behind the house of the applicant then the sister of the first informant also followed her, thereafter the applicants attacked her pursuant whereto injuries were sustained. He further submits that it is nothing but counterblast as the FIR of the opposite party no.2 faction is dated 27.5.2024 relatable to the commission of the offence on 25.5.2024, however, the applicants faction also lodged an FIR on 26.5.2024 relatable to the commission of the offence on 25.5.2024, under Sections 147, 148, 323, 504, 506, 452 IPC and while inviting attention towards the supplementary affidavit it is being sought to be argued that applicants faction has also sustained injuries. Submission is that it is nothing but a counterblast. 4. Learned AGA on the other hand submits that once there happens to be two FIR one by the applicants faction and other by the opposite parties faction relatable to the commission of the offence on 25.5.2024 at four in the evening then the occurrence of the event, it cannot be ruled out, apart from the same the injuries have also been sustained by both the factions thus this Court may not come to the rescue of the applicants. 5. Having heard the submissions so made across the bar, the only question which falls for determination is the extent of judicial intervention at this stage in the present proceedings. Apparently, there happens to be two FIRs, one by the opposite party no.2 on 27.5.2024 and the other on 26.5.2024 with relation to the commission of the offences on 25.5.2024. Thus, it cannot be ruled out that no such incident stood occurred. Importantly, injuries have been sustained by both the factions wherein lacerated wounds are noticed with respect to medical examination of Shakib. There happens to be injury report of the opposite party no.2 faction of Abdul Bashir, Arzoo and Salim also. Thus, in these circumstances, it cannot be said that the offences have not been committed. Thus, interference is declined and the application is consigned to record. 6. At this stage, learned counsel for the applicants submits that suitable direction be issued in light of the judgment in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another; decided on 07.10.2021 in S.L.P. No.5191 of 2021 with relation to enlargement on bail. 7. In the opinion of the Court, once a bail application is preferred then the same shall be considered with most expeditions strictly as per the law of the land without any delay. Order Date :- 12.3.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad