Court No. - 52
Case :- APPLICATION U/S 482 No. - 9538 of 2018 Applicant :- Tilakram Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Indra Kumar Chaturvedi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Present 482 application has been filed by the applicant for quashing the order dated 11.12.2017 passed by Additional Sessions judge, Court No.11, Kanpur-Nagar in S.T. No.20 of 2016 (State Vs. Premanshu) under Sections 498A, 304B IPC and 3/4 D.P. Act, P.S. Nawabganj, Kanpur- Nagar pending in the aforesaid court.
Learned counsel for the applicant states that though there was ample evidence against opposite party no.2 that he was also instrumental in demand of dowry, yet the trial court has illegally rejected the application summoning him under Section 319 Cr.P.C.
I have carefully perused the the impugned order passed by the trial Court. The trial court has rightly recorded the finding that so far as applicant is concerned there is no strong and cogent evidence on record, summoning him under Section 319 Cr.P.C. Admittedly, he is the Jeth of the deceased and as per the evidence, he was working at a distant place and living separately.
I do not find any illegality or irregularity in the order impugned passed by the Court below. The application is bereft of merit and is accordingly dismissed.
Order Date :- 23.3.2018 Hasnain