Court No. - 49
Case :- APPLICATION U/S 482 No. - 29323 of 2018 Applicant :- Dayaram Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Shailendra Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application has been filed to quash the order dated 12.7.2018 passed by the Additional District and Sessions Judge/F.T.C., Room No.1, Kannauj in S.S.T. No. 148 of 2012 (State Vs. Dayaram & others), arising out of Case Crime No. 17 of 2000, under Section 3(1) Gangster Act, Police Station Indargarh, District Kannauj, pending before the Additional District and Sessions Judge/F.T.C., Room 1, Kannauj.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the case inasmuch as the correct name of the applicant Dayaram son of Mangu Lal whereas the person who had been charged and subjected to trial was Dayaram son of Ganga Kachhi.
Perusal of the order dated 12.7.2018 passed by the learned court below, in this regard reveals that though there is discrepancy in the description of father's name of the accused, the applicant did not raise such objection at any earlier stage and he allowed the trial to proceed where in he has also obtained bail. In view of the aforesaid fact, the objection being raised by the applicant is not only belated but it appears only to be technical inasmuch as the applicant has always rightly understood the case to be one against him and against no other person.
The present application lacks merit and is accordingly dismissed. Order Date :- 24.8.2018 Mini