Court No. - 48
Case :- APPLICATION U/S 482 No. - 34496 of 2018 Applicant :- Smt. Sashilata Opposite Party :- State Of U.P. And 2 Ors Counsel for Applicant :- Vishnu Pandey Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to interfere the proceeding pertaining to the Case Crime No. 0146 of 2017 in order to direct the police authorities to conduct re- investigation / fresh investigation with specific allegation pertaining to under Section 376 IPC against opposite party no. 3.
Heard learned counsel for the applicant and the learned AGA appearing for the State.
It is submitted by the learned counsel for the applicant that although there was sufficient evidence to constitute the offence under Section 376 IPC yet charge- sheet was submitted for the offence under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act. Cognizance was taken on 08.06.2018. Referring to the affidavits and documents annexed with the application, it is further submitted that police authorities be directed to conduct re-investigation / fresh investigation. Learned counsel for the applicant also placed reliance on the law laid down in State of Punjab Vs. Central Bureau of Investigation 2011(9) SCC, 182 and argued that direction could be given to the police authorities invoking extraordinary jurisdiction under Section 482 Cr.P.C.
On the other hand, learned AGA opposed the prayer.
Having regard to the facts and circumstances of the case, after perusing the entire record and going through the case law relied upon by learned counsel for the applicant, when applicant has an opportunity to move application under Section 319 Cr.P.C., cognizance has been taken in the matter and trial has started, I find no occasion to allow the prayer made in the application at this stage. Thus, application is disposed of with the direction to the applicant to move proper application during trial under Section 319 Cr.P.C. at appropriate stage.
With the above observations, the application stands disposed of.
Order Date :- 29.1.2019 Sanjeet