Court No. - 51
Case :- APPLICATION U/S 482 No. - 30874 of 2019 Applicant :- Jhamman Alias Vikas Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Suresh Chandra Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicants and Sri Rajesh Mishra, learned AGA for the State.
The present application u/s 482 CrPC has been field seeking quashing of the impugned order dated 19.4.2019 by means of which the applicants have been summoned under Section 319 CrPC.
I have perused the impugned order. I find that the trial court while allowing application under Section 319 CrPC and while summoning the applicants have gone through the evidence on record and prima facie found the involvement of the applicants in the alleged crime. PW-1 is the eye witness and he has categorically named the applicants in the FIR itself though they have been subsequently exonerated by the police after investigation. Specific role has been assigned to the applicants. No illegality or perversity has been attributed in the findings recorded by the trial court. The trial court has found ample evidence against the applicants. Thus, the prayer as made is hereby refused.
However, in case the applicants surrender and apply for bail before the court concerned within two weeks from today, the same shall be considered and decided in accordance with law of the land.
With the aforesaid observation, the application is disposed of finally.
Order Date :- 26.8.2019 SP