Court No. - 15
Case :- APPLICATION U/S 482 No. - 27260 of 2018 Applicant :- Chandawati Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Raj Nath Bhakta Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Raj Nath Shukla, learned counsel for the applicant and Sri Prashant Kumar, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed seeking the quashing of summoning order dated 28.7.2017 passed by learned A.C.J.M., Court No. 10, Fatehpur as well as entire proceeding in Complaint Case No. 1091 of 2015 (Chandrawati Vs. Raghnandan and others), Police Station Gazipur, District Fatehpur. by which the learned court below has rejected the application under Section 319 Cr.P.C. of the complainant.
Learned counsel for the applicant has prayed for quashing the impugned order dated 28.7.2017, whereby learned A.C.J.M. Court No. 10, Fatehpur has rejected the application moved by him u/s 319 Cr.P.C. for summoning the opposite party nos. 2 to 6 as accused in Complaint Case No. 1091 of 2015 (Chandrawati Vs. Raghnandan and others), under Section 498-A, 323, 452, 506 IPC and 3/4 D.P. Act, Police Station Gazipur.
Learned A.G.A. has vehemently opposed the prayer for quashing the same.
During arguments, learned counsel for the applicant could not show any infirmity in the impugned order because the application u/s 319 Cr.P.C. has been rejected on the ground of non-maintainability. It is admitted to the learned counsel for the applicant that so far trial has not started and the provisions u/s 319 Cr.P.C. is only applicable when the trial has begun and there is evidence on record against the persons, who are sought to be made accused to be tried with other co-accused. Such not being the position here, no infirmity is found in the impugned order.
Accordingly, the application u/s 482 Cr.P.C. is rejected. Order Date :- 6.9.2018/A.P. Pandey