Court No. - 74
Case :- APPLICATION U/S 482 No. - 46696 of 2019 Applicant :- Shameem Opposite Party :- State of U.P. Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant and learned AGA for the State.
The present application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the order dated 21.11.2019 passed by A.D.J./F.T.C., Court No. 1, District Muzaffar Nagar, in S.T. No. 724 of 2018, arising out of Case Crime No. 186 of 2018, under Section 304-B IPC and Section 3/4 D.P. Act, Police Station Shahpur, District Muzaffar Nagar pending in the court of A.D.J./F.T.C., Court No. 1, District Muzaffar Nagar.
It appears that vide order dated 21.11.2019, application moved under Section 311 Cr.P.C. on behalf of prosecution was allowed and witnesses Smt. Farzana and Rahman Taygi were summoned for examination as prosecution witnesses. If the grounds taken in this application are compared with the observations recorded by the trial court in the impugned order, no illegality, infirmity or perversity is found. Prosecution can also examine those witnesses whose names do not find place in the FIR or in the charge sheet. It is also pertinent to mention here that applicant who is facing trial has liberty to cross examine the said witnesses. Thus, application having no substance is not liable to be allowed.
Accordingly, the present application is dismissed. Order Date :- 17.12.2019 Sanjeet