Court No. - 73
Case :- APPLICATION U/S 482 No. - 16171 of 2019 Applicant :- Sant Lal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mahender Pal Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Present application has been filed to quash the whole proceeding of Criminal Case No. 436 of 2012 (State Vs. Sant Lal) arising out of charge sheet no. 231 of 2012, dated 01.02.2012 submitted in Case Crime No. 566 of 2011, under Section 406 IPC, Police Station Dhoomanganj, District Allahabad and also to quash the impugned summoning order dated 12.09.2014 passed by the leanred Additional Chief Judicial Magistrate Room No. 5 Allahabad, by which applicant has been summoned for trial.
Heard learned counsel for the applicant and learned AGA and perused the record.
The perusal of the record shows that prima facie a cognizable offence is made out against the applicant and the points made by the learned counsel for the applicant requires adjudication of questions of fact and appreciation of evidence, which is not permissible under the jurisdiction of Section 482 Cr.P.C. After submission of charge-sheet applicant-accused was summoned by the trial court vide order dated 21.03.2014. Thus, the present application has been filed after long delay. No satisfactory explanation has been offered for the long delay and latches. In view of all these facts, no case for invoking the provisions of section 482 Cr.P.C. is made out. Application is, accordingly, rejected.
In Case, the applicant-accused moves an application for discharge, the same shall be dealt with by the court concerned in accordance with law.
Order Date :- 25.4.2019 Mohit Kushwaha