Court No. - 32
Case :- APPLICATION U/S 482 No. - 17319 of 2018 Applicant :- Asab Khan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicants and the learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the Charge-Sheet dated 16.10.2017 and cognizance order dated 22.12.2017 in Case No. 393 of 2017 (5556 of 2017) arising out of Case Crime No. 406 of 2017 (State of U.P. vs. Asab Khan) under Section 66d/67a of the Information Technology Act (Amended) 2008, P.S. Nakud, District Saharanpur.
It is sought to be urged that person, whose mobile phone was misused and the person who misused the mobile has not been made a witness in the charge-sheet, therefore, the charge cannot be substantiated.
Learned A.G.A. submits that two witnesses have been mentioned in the charge-sheet and at this stage this issue cannot be agitated by the accused, it would be examined in the course of trial.
Learned counsel for the applicant failed to point out any illegality, infirmity or perversity in the impugned order. The petition is, accordingly, dismissed.
Order Date :- 28.5.2018 S.Prakash