Court No. - 49
Case :- APPLICATION U/S 482 No. - 24527 of 2018 Applicant :- Fool Chandra Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Birendra Singh,Bir Bhan Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned AGA for the State.
The present application u/s 482 Cr.P.C. has been filed to quash the impugned order dated 26.8.2017, passed in Session Trial No. 300 of 2016 (State Vs. Chheda Lal and others), arising out of Case Crime No. 176 of 2015, under Sections 364, 323, 504, 506, 498A I.P.C. and 3/4 D.P. Act, Police Station Bindki, District Fatehpur.
Learned counsel for the applicant states that the learned court below had ample power under Section 193 Cr.P.C. to summon the persons named by the applicant and that the learned court below has erred in not exercising its power so vested by the Court.
At present, it does not appear that there is any prejudice caused to the applicant insofar as the charge-sheet has been submitted against some of the accused and charges also appear to have been framed against them. Once the applicant be given opportunity to lead evidence, the occasion stage to summon the other persons may arise if credible evidence may be lead against such persons.
If such evidence is led by the applicant, learned court below shall consider summoning such persons under Section 319 Cr.P.C. at the appropriate stage, in accordance with law, without being prejudiced by any observation made in the impugned order.
Leaving it open to the applicant to avail such remedies.
With the aforesaid observations, the application stands disposed of.
Order Date :- 30.7.2018 Prakhar