Court No. - 73
Case :- APPLICATION U/S 482 No. - 22380 of 2019 Applicant :- Nabi Sher And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Akhilesh Kumar Mishra,Amit Kumar Singh Counsel for Opposite Party :- G.A.,Shiv Ram Dubey,Uma Nath Pandey
Hon'ble Om Prakash-VII,J.
Certified copy of the order sheet filed today is taken on record.
Present application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned orders dated 16.5.2019 and 22.5.2019 passed by the learned Chief Judicial Magistrate, Basti in complaint case no. 343 of 2014 (Saeed Ahmad Vs. Nabi Sher and others), under Section 406, 419, 420, 468 IPC, Police Station Purani Basti, district Basti whereby the court below has closed the cross examination of the prosecution witnesses. Further prayer has been made to stay the entire proceedings of the aforesaid complaint case.
Heard Sri Amit Kumar Singh, learned counsel for the applicants, Sri Shiv Ram Dubey, learned Advocate appearing for the opposite party no. 2 and the learned A.G.A.
Vide order dated 16.5.2019 when the applicants did not cross examine the witnesses present in the court, opportunity for cross examination was closed and matter was posted for the statement under Section 313 Cr.P.C. It also appears that on 22.5.2019 application moved by the applicants for affording opportunity to cross examine the witnesses was rejected. Statement under Section 313 Cr.P.C. was recorded and matter was posted for the defence evidence. It further appears that on 17.6.2019 when defence evidence was not adduced, after closing the opportunity matter was posted for argument. It is also apparent from the order sheet annexed with the application itself that applicants did not appear before the Court concerned on the next date, therefore, N.B.W. was issued. Present application has been filed with the prayer to quash the orders dated 16.5.2019 and 22.5.2019.
Keeping in view the entire facts and circumstances of the case and the conduct of the applicants during trial, order dated 16.5.2019 and 22.5.2019 are not liable to be set aside.
Application being devoid of merit is liable to be dismissed. Application is dismissed.
Order Date :- 30.7.2019 Sachdeva