Court No. - 33
Case :- APPLICATION U/S 482 No. - 19242 of 2018
Applicant :- Hamid Khan
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohd. Irfan 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 charge sheet dated 22.09.2014 along with cognizance order dated 20.08.2015, as well as, entire proceeding of Case No. 867 of 2015 (State vs. Hamid & others) arising out of Case Crime No. 516/2013, under Sections 147, 333, 353 and 308 IPC, P.S. Swar, District Rampur.
The record reflects that the charge sheet is of 2014 and cognizance was taken in 2015. It appears that the applicant is avoiding the court proceeding as he has not yet submitted himself for trial.
At this belated stage, I do not find any reason to entertain this application.
The application is, accordingly, dismissed.
Dismissal of the application shall not preclude the applicant from filing an appropriate application which shall be decided in terms of the decisions rendered in Amrawati and another Vs. State of U.P., 2004 (57) ALR 290, Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC) and Brahm Singh & others vs. State of U.P. & others, 2016 (7) ADJ 151, strictly in accordance with law provided there is no legal impediment.
Order Date :- 29.5.2018 Mukesh Kr.