Court No. - 11
Case :- APPLICATION U/S 482 No. - 42864 of 2018 Applicant :- Jasram And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants and the learned AGA for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned order dated 19.9.2018 passed by Addl. Sessions Judge-I, Agra in Sessions Trial No.343 of 2014 (State Vs. Anil) arising out of case crime no.3 of 2014 under Section 306 IPC, P.S. Bah, District Agra.
In this matter, applicants were named in F.I.R., but they were not charge- sheeted. They are in-laws of deceased. They have been summoned to face trial for the offence under section 306 IPC on the application under section 319 Cr.P.C. moved during trial.
I have considered the submissions made by the learned counsel for the parties and have gone through the entire record carefully.
Having heard learned counsel for the parties and keeping in view the provisions of Section 306 IPC and the facts and circumstances of the case, observation recorded by the Trial Court in the impugned order cannot be termed to be illegal. There is sufficient prima facie case to proceed with trial. Hence, the prayer made in the application is refused.
Application u/s 482 Cr.P.C. is dismissed.
However, it is observed that in case the applicants surrender before the court below within 45 days from today and apply for bail, the same shall be considered and decided in view of the settled law. For a period of 45 days from today, no coercive action shall be taken against the applicants.
It is made clear that no further time shall be allowed to the applicants to surrender before the Court below.
With the aforesaid observations, the application stands disposed of.
Order Date :- 30.11.2018 ss