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2025 DAILYLAW 14340 (ALL)

UMESH BHARDWAJ @ UMESH SHARMA v. STATE OF U.P. AND ANOTHER

A482/3341/2025 · 2025-02-27

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28234 Court No. - 74 Case :- APPLICATION U/S 482 No. - 3341 of 2025 Applicant :- Umesh Bhardwaj @ Umesh Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Kumar Shukla,Aklesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Supplementary affidavit filed is taken on record. 2. Heard Sri Abhishek Kumar Shukla, learned counsel for the applicant and Sri Abhishek Tripathi, learned A.G.A. for the State. 3. The applicant herein has filed the present application u/s 482 Cr.P.C. for quashing of the impugned Charge Sheet dated 17.12.2023 and cognizance order dated 29.7.2024 passed by learned Additional Civil Judge (S.D.), Court No.2, Ghaziabad passed in Case No. 1450 of 2024 (State of U.P. Vs. Umesh Bhardwaj) arising out of Case Crime No. 500 of 2023, under Sections 323, 504, 506, 325 I.P.C., Police Station Khoda, District Trans Hindon (Commissionerate Ghaziabad) pending in the court of learned Additional Civil Judge (S.D.), Court No.2, Ghaziabad. 4. Learned counsel for the applicant submits that a first information report stood lodged under Sections 506, 504, 323 IPC on 8.8.2023 against the applicant with an allegation that the applicant and opposite party no.2 along with his wife were going for certain work and the applicant barged upon him and inflicted injuries and also gave a blow and pushed him. He further submits that though the medico legal examination was on 8.8.2023 but on 29.11.2023 there happens to be a supplementary report showing that the injury no.7 is grievous in nature. He further submits that the applicant happens to be a journalist, however, the opposite party no.2 happens to be a local member of the Nagar Palika and thus on account of non-clean of the drain the entire allegations stood triggered. 5. Learned AGA on the other hand submits that from the perusal of the injury report and the FIR it is apparent that the offences are made out. 6. Having heard the learned counsel for the parties and I am of the opinion that what is required it is to be seen that the fact as to whether there happens to be offences made out or not particularly when the FIR in question itself shows that the injuries have inflicted and the opposite party no.2/injured was put for medico legal examination on 8.8.2023 might be that supplementary report post reference on 1.9.2023 is on 29.11.2023, accordingly, this Court declines to interfere in the present proceedings. 7. In view of above, the present application under section 482 Cr.P.C. stands consigned to record. 8. At this stage, learned counsel for the applicant submits that the applicant shall move discharge application to which learned AGA submits that in case a discharge application is being preferred with the same shall be decided strictly in accordance with law. 9. In the opinion of the Court, this Court has no reason to disbelieve that in case the discharge application if maintainable is being preferred then the same shall be decided with most expedition strictly in accordance with law as per the law of the land taking into account the facts and law on the subject. Order Date :- 28.2.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad