Court No. - 65
Case :- APPLICATION U/S 482 No. - 29132 of 2019 Applicant :- Arvind Kumar Sharma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Satyendra Narayan Singh,Pankaj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Satyendra Narayan Singh, learned counsel for the applicant and Sri G. P. Singh, learned A.G.A. for the State.
This Application has been filed with a prayer to quash the impugned order dated 28.06.2019 passed by Additional District and Sessions Judge-I, Etawah in Special Case No. 66 of 2017 (State Vs. Arvind Kumar) arising out of Case Crime No. 166 of 2017 under Sections 376, 323, 452, 506 I.P.C. and 3/4 of the P.O.C.S.O. Act, Police Station Usrahar, District Etawah.
Learned counsel for the applicant has argued that the Audio- Video C.D., which was prepared by the I.O. of this case was prayed to be summoned to the Court and it was also prayed that the I.O. be summoned as court witness as there were contradictions in the statements of the P.W. 1/informant given under Section 161 Cr.P.C. and before the Court. The aforementioned Application dated 6.06.2019 has been erroneously dismissed by the trial court by impugned order dated 28.06.2019 which needs to be quashed / set-aside.
Learned A.G.A. has vehemently opposed the quashing of the impugned order and argued that the accused applicant has no locus-standi to move such application at this stage when the prosecution is adducing its evidence before the trial court. Whatever evidence defence deems appropriate for being adduced in trial court in its defence, the same can be adduced at the stage of defence. It is premature stage for moving the above mentioned application and I am of the view that the trial court has not committed any error in passing the impugned order.
In view of the above, this Application under Section 482 Cr.P.C. deserves to be dismissed and is, accordingly, dismissed.
Order Date :- 30.7.2019 VPS