Court No. - 40
Case :- APPLICATION U/S 482 No. - 43354 of 2018 Applicant :- Mange Singh Sharma Opposite Party :- State Of Up And Anr Counsel for Applicant :- Onkar Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard Sir Onkar Singh, learned counsel for the applicant and learned AGA for the State.
This application under Section 482 Cr.P.C. has been preferred by the applicant against the order dated 23.07.2018, whereby application under Section 311 Cr.P.C. dated 01.11.2017 of the applicant has been rejected by learned Magistrate/ Civil Judge, Junior Division, Kairana, District Muzaffarnagar as well as order dated 03.10.2018, whereby learned Sessions Judge, Shamli has also rejected the Criminal Revision No. 03 of 2018 of the applicant confirming the order dated 23.07.2018. The submission of the learned counsel for the applicant is that application under Section 311 Cr.P.C. is maintainable at any stage of the trial and learned Magistrate as well revisional court have committed the error in rejecting the application dated 01.11.2018 under Section 311 Cr.P.C. of the applicant.
I have perused the material brought on record and finding recorded by both the courts below. Learned Magistrate as well as Sessions Judge, Shamli have concurrently recorded the specific finding that in this case statement under Section 313 Cr.P.C. of the accused-applicant has already been recorded and at that stage the applicant in his statement u/s 313 Cr.P.C. has specifically stated that he does not want to give any defence evidence and also does not want to file any document. In this case argument on behalf of the prosecution has already completed. On earlier occasion several opportunity was given to the applicant, but he did not avail the same. The application u/s 311 Cr.P.C. has been moved by the applicant at this state only with a view to linger on the case. After going through the material on record and finding recorded by the learned Magistrate as well as revisional court, I do not find any illegality or irregularity in the orders dated 23.07.2018 and 03.10.2018.
In view of the above, I am not inclined to interfere in the aforesaid impugned order dated 23.07.2018 and 03.10.2018.
In view of the above, application lacks merit and is accordingly dismissed. Order Date :- 30.11.2018/ Abhishek