Court No. - 70
Case :- APPLICATION U/S 482 No. - 6599 of 2019 Applicant :- Maqbool Husain Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vinai Prakash Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Vakalatnama filed by Sri Sudhir Dixit, Bharat Singh & Sri Anupam Shyam Dwivedi, Advocates, on behalf of opposite party no.2, is taken on record.
Heard Sri Askari Husain, learned counsel for the applicant, Sri Sudhir Dixit, Bharat Singh & Sri Anupam Shyam Dwivedi, learned counsel for the opposite party no.2 and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of learned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the impugned order dated 27.10.2018 passed by Additional Session Judge (Court No.1), Pilibhit in Session Trial No.117 of 2018 (State vs. Maqbool Husain) arising out of Case Crime No.190 of 2017, under sections 147, 326A, 354ka, 323, 504 & 506 I.P.C., Police Station Neoria, District Pilibhit, whereby application dated 19.09.2018 of the applicant to accept some documents on record as defence evidence, has been rejected by the trial court.
It is submitted by the learned counsel for the applicant that the applicant moved an application dated 19.09.2018 with a prayer to permit the applicant to submit some documentary evidence in support of his stand as defence evidence but the same has been wrongly dismissed by the trial court, therefore, serious prejudice is being caused to the applicant, as such the impugned order dated 27.10.2018 is liable to be quashed by this Court.
Per contra, learned Additional Government Advocate as well as learned counsels appearing for the opposite party no.2 submitted that in this case statement under Section 313 Cr.P.C has already been recorded on 31.08.2018, thereafter, on several dates, time was granted to the applicant to produce defence evidence in support of his case but he has not produced any evidence. The application dated 19.9.2018 has been moved by the applicant only with a view to delay the trial, therefore, the present application is liable to be dismissed.
I have perused the material evidence on record in the light of submissions advanced on behalf of learned counsel for the parties. I find that the trial court has recorded specific finding that High Court vide order dated 06.03.2018 passed in Criminal Misc.Bail Application No.8373 of 2018 has given specific direction to the trial court to conclude the trial within six months in accordance with law. Further finding has been recorded that the statement of the accused under section 313 Cr.P.C. has already been recorded on 31.08.2018. Thereafter, 04.09.2018 was the date fixed for defence evidence. The proceeding of trial court is pending since 04.09.2018 at the stage of defence evidence. In the meantime, applicant has moved several applications on different dates, which were already allowed and some relevant documents were also summoned by the trial court on the request of the applicant, therefore, it appears that repeated applications are being moved by the applicant only because to delay the trial. An observation has also been made in the impugned order dated 27.10.2018 that no cogent and strong reason has been mentioned in the application dated 19.09.2018 by the applicant for allowing the same. The contents of application dated 19.09.2018 are vague.
After going through the impugned order dated 27.10.2018, I find that there is no perversity or illegality in the presumption drawn by the trial court, as the same are based on material evidence on record. It is admitted facts on record that earlier several opportunities have already been granted to the applicant to produce his defence evidence, therefore, this Court feels that neither there is violation of principle of natural justice nor violation of any statutory provisions of the law, hence the impugned order dated 27.10.2018 is not liable to be interfered.
The application u/s 482 Cr.P.C. lacks merit and is accordingly, dismissed.
Order Date :- 22.2.2019 SKD