Court No. - 64
Case :- APPLICATION U/S 482 No. - 28642 of 2019 Applicant :- Pawan Yadav And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Rajesh Tewari,Jai Prakash Rai Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 of Cr.P.C. has been moved on behalf of applicants seeking the quashing of order dated 09.7.2019 passed by the Additional Sessions Judge, Court No.3, Ghazipur in Session Trial No.157 of 2018, arising out of Case Crime No.385 of 2011, u/s 147, 308, 323, 504, 506 I.P.C., Police Station-Karanda, District-Ghazipur, pending in the court of Additional Sessions Judge, Court No.3, Ghazipur.
Heard learned counsel for the applicants and learned A.G.A. Perused the record.
Counsel for the applicants has not been able to point out any such illegality, impropriety or incorrectness much less than any abuse of court's process which may persuade this Court to interfere in the impugned order which reflects judicial application of mind. All the facts and circumstances of the case have been gone into. The reasoning adopted by the court below is correct and unflappable. The totality of circumstances in which the incident took place has been considered by the court below. The injuries have also been perused. In the considered opinion of the Court there is enough ground to frame the charge u/s 308 I.P.C. This Court does not see any good reason to substitute the opinion of the court below. There is no perversity reflected in the impugned order. This Court abstains to go into further details of the case and to give any observation or finding, lest it may cause prejudice to either side. Suffice it to observe that there is sufficient material to justify the framing of charge.
Application lacks merit and therefore stands dismissed.
Order Date :- 25.7.2019 M. Kumar