Court No. - 64
Case :- APPLICATION U/S 482 No. - 28683 of 2019 Applicant :- Abid Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Heard applicant's counsel as well as learned A.G.A. for the State and perused the record.
Submission of counsel for the applicant is that the F.I.R. was lodged with inordinate delay which lacks adequate explanation. Further submission is that during the course of investigation the statement of first informant was recorded according to which he did not recognize any of the miscreants. It has also been submitted that no independent evidence worthy of reliance is there to substantiate the charge levelled against the applicant. According to the counsel in reality no incriminating article was recovered from the possession of the applicant and the charge sheet has been submitted virtually on the basis of sole testimony of the informant. Even the evidence of administering poison lacks credibility and there is no material corroboration regarding that allegation worth placing reliance upon to substantiate the allegation regarding offence u/s 328 I.P.C. Submission is that the material on the basis of which the charge sheet has been submitted is too scanty to sustain the charge and continuation of proceedings against the applicant in such circumstances will result in nothing except the abuse of court's process.
Contentions raised at the bar require detailed hearing on law and facts both.
Notice on behalf of opposite party No.1 has been accepted by learned A.G.A.
Issue notice to the opposite party no.2 returnable within four weeks.
Opposite party no.2 may file counter affidavit within three weeks after the service. Learned A.G.A. may also file counter affidavit within the same period. Rejoinder affidavit may be filed within two weeks thereafter.
List this matter immediately after expiry of the aforesaid period before the appropriate bench.
Till the next date of listing, further proceedings of criminal Case No.945/9 of 2019 (State vs. Abid) arising out of Case Crime No.431 of 2019, u/s 328, 379 I.P.C., P.S.-Purkaji, District-Muzaffar Nagar, pending in the court of Additional Chief Judicial Magistrate-I, Muzaffar Nagar with regard to applicant namely Abid, shall remain stayed.
Order Date :- 25.7.2019 M. Kumar