Court No. - 32
Case :- APPLICATION U/S 482 No. - 16994 of 2018 Applicant :- Smt. Dhaneshwari Opposite Party :- State Of U.P. And 10 Ors Counsel for Applicant :- Satyam Narayan Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing the order dated 21.4.2018 passed by Additional Sessions Judge, Court No. 4, Meerut, in S.T. No. 629 of 2017 (State vs. Irshad and others), under Section 302, 452, 506, 24, 120B IPC, P.S. Bhawanpur, District Meerut, whereby, application filed by the applicant for summoning the opposite parties no. 2 to 11 was rejected.
It is urged that the applicant lodged first information report against opposite parties no. 2 to 11 alleging therein that they had murdered her husband. Upon investigation, charge sheet has been filed against the applicant and four other persons. The applicant filed an application before the court below to summon the opposite parties, who according to the applicant, were present and involved in commission of the crime. The court rejected the application being not maintainable. Thereafter, application was filed before the Sessions Judge, which was rejected by the impugned order, wherein, it is noted that upon perusal of the material and evidence/case diary, there is no evidence against opposite parties.
On specific query, learned counsel for the applicant submits that the trial has not commenced as charges have not yet been framed. The question as to whether opposite parties no. 2 to 11 are involved in the commission of offence would depend on the evidence which is led by the prosecution during trial. It is always open for the court to summon any person, which in the opinion of the court is involved in the commission of the offence, provided evidence is led before the court.
Learned counsel for the applicant failed to point out any illegality, infirmity or jurisdictional error in the impugned order.
The application is, accordingly, rejected.
Order Date :- 28.5.2018 Mukesh Kr.