Court No. - 40
Case :- APPLICATION U/S 482 No. - 22357 of 2019 Applicant :- Bhola Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of the present application applicant has challenged the order dated 4.5.2019 passed by the Additional District & Session Judge, Court No.12, Bulandshahar in S.T. No.329 of 2011 (State Vs. Hamid and others) arising out of Case Crime No.567 of 2010, under Sections 307, 506, IPC, P.S. Jahangirabad, District Bulandshahar by which the applicant's application under Section 311, Cr.P.C. has been rejected.
From the perusal of the order dated 4.5.2019 it is evident that the trial court has categorically recorded that PW-1, Jai Prakash Sharma has already been examined at great length and the present application has been moved only for the purpose of delaying the trial. It has further been recorded that the case is fixed for recording of the statement of the accused under Section 313, Cr.P.C. for the last six months.
From the perusal of the impugned order and the finding given by the trial court, there is absolutely no illegality or impropriety in the order passed by the trial court. The impugned order is just, proper and legal and do not call for any interference by this court.
The present application under Section 482, Cr.P.C. is wholly misconceived and is, accordingly, dismissed.
Order Date :- 6.6.2019 T. Sinha