Court No. - 67
Case :- APPLICATION U/S 482 No. - 16695 of 2019 Applicant :- Rambahadur Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Onkar Nath Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri Onkar Nath, learned counsel for the applicant and learned A.G.A. for the State.
This application has been filed with a prayer to quash the order dated 16.7.2018 for framing charge under sections 313, 376 IPC in S.T. No. 202 of 2018 in Case Crime No. 178 of 2017, P.S. Pilua, District Etah (State Vs. Ram Bahadur) pending the court of Addl. Sessions Judge/ FTC-1, Etah.
The submission of the learned counsel for the applicant is that there is no material on record to support this framing of charge and without having any material, the learned court below has framed the charge against the applicant.
Considering the facts and without any opinion on the merits of the case, the applicant is directed to move an application under sections 215 and 216 Cr.P.C. before the court below or raise objection before the court below, in case such application or objection is filed, the court below shall heard and decided the same in accordance with law within eight weeks from the date of production of certified copy of this order.
With this observation, this application is finally disposed of.
Order Date :- 29.4.2019 RPD