Court No. - 33
Case :- APPLICATION U/S 482 No. - 19539 of 2018 Applicant :- Dev Swaroop Sharma Alias Gullu Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Akhilesh Srivastava,Saksham Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and the learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing entire criminal proceedings of Case No. 190 of 2018 arising out of Case Crime No. 201 of 2017 (State of U.P. vs. Dev Swaroop Sharma) pending in the court of learned Judicial Magistrate, Atrauli, Aligarh under Sections 279, 338, 304A, 427 IPC, P.S. Station Atrauli, District Aligarh as well as Charge- sheet dated 14.11.2017 and cognizance order dated 6.3.2018.
It is urged by learned counsel for the applicant that he is neither the driver nor owner. The submission cannot be gone into at this stage, it is a question of trial upon the prosecution leading evidence. The ingredients of the offence, prima facie, is made out.
In the circumstances, I find no good ground for interference in the matter.
The petition being devoid of merit is, accordingly, dismissed.
Order Date :- 29.5.2018 S.Prakash