Court No. - 49
Case :- APPLICATION U/S 482 No. - 30066 of 2018 Applicant :- Sahab Singh Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case No. 797/2011 arising out of Case Crime No. 1353/09, under Sections- 304/120B I.P.C. and Section 57 of Mines and Minerals Act and Section 2/3 of Prevention of Damage to Public Property Act and 3(1)5 of SC/ST Act, District- Bijnor, pending in the court of Additional Sessions Judge, Court No.2, Bijnor.
3. The present application has been filed against the order dated 4.5.2018 by which the Additional Sessions Judge, Court No.2, Bijnor has rejected the application filed by the applicant being paper no.50 Kha. The applicant had sought a direction from the learned court below for production of a survey report prepared at the instance of PW-1 Jagat Singh for the period of 19.5.2009 to 25.5.2009.
4. While, the applicant is an accused in the aforesaid case, at present the prosecution evidence is being received by the learned court below. In such circumstances, there appears no error in rejecting the application of defence to prove any document by way of evidence.
5. However, the applicant apprehends that in view of such order the applicant may not be allowed to lead evidence in respect of that document even at stage of defence evidence. The apprehension appears to be misconceived. In any case it is provided that it shall remain open to the applicant to lead such evidence at the stage of defence evidence. If any application is filed at that stage, the same may be decided on its own merits without being prejudiced by any observation made in the impugned order.
6. Accordingly, the application is disposed of.
Order Date :- 6.9.2018 Gaurav Pal