Court No. - 32
Case :- APPLICATION U/S 482 No. - 17000 of 2018
Applicant :- Mubarik
Opposite Party :- State Of U.P. And Anr
Counsel for Applicant :- Surendra Kumar Tripathi
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 order dated 27.04.2018 passed by Additional Sessions Judge, Court No. 8, Mathura, in Application 13/Kha, under Section 319 Cr.P.C. in S.T. No. 195 of 2017 (State vs. Raisho) arising out of Case Crime No. 403 of 2016, u/s 304 IPC, P.S. Farah, District Mathura.
It is urged on behalf of the applicant that applicant has been summoned on the examination-in-chief/cross-examination of P.W. 1. Learned court below noted in the impugned order that P.W. 1 has categorically stated that he was on the spot and the applicant was present along with others who used criminal force which led fatal injury, consequently, deceased succumbed to injuries.
Learned A.G.A. submits that the ingredients for summoning the applicant is made out, on the principle laid down by the Constitution Bench in Hardeep Singh vs. State of Punjab, 2014 (3) SCC 92.
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 :- 28.5.2018 Mukesh Kr.