Court No. - 44
Case :- APPLICATION U/S 482 No. - 30297 of 2018 Applicant :- Saurabh Mishra Opposite Party :- State Of U.P And Another Counsel for Applicant :- Rajneesh Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Ansar Ahmad, Advocate, holding brief of Mr. Rajneesh Tripathi, learned counsel for the applicant and the learned A.G.A. for the State.
This application under section 482 Cr. P. C. has been filed challenging the entire proceedings of S.T. No. 346 of 2014 (State Vs. Saurabh Kumar Mishra), under section 304 IPC, P.S. Kotwali, District Mainpuri, as well as the order dated 18.7.2018, whereby he discharge application filed by the applicant in terms of section 245 (2) Cr. P. C. has been rejected.
Learned counsel for the applicants submits that the impugned order dated 18.7.2018 passed by the Court below is manifestly illegal, as the Court below has filed to appreciate the documents relied upon by the applicant, in support of the discharge application filed by him under section 245 (2) Cr. P. C. The Court below can discharge the accused at the previous stage of proceedings, provided the charges alleged against the accused are groundless. The Court below, vide order dated 18.7.2018 has recorded a finding that prima faice the charge alleged against the applicant cannot be said to be groundless. Furthermore, there exists sufficient evidence to try the accused for the alleged offence.
In view of the facts noted herein above, no occasion arises before this Court to entertain this application.
The application fails and is, accordingly, dismissed.
Order Date :- 17.9.2018 HSM