Court No. - 52
Case :- APPLICATION U/S 482 No. - 6085 of 2018 Applicant :- Umesh Sharma Opposite Party :- State Of U.P. Andanother Counsel for Applicant :- Sanjay Kr. Srivastava,Ajay Kr. Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counselfor the applicant and learned A.G.A. for the State and perused the material placed on record.
This application under Section 482 Cr.P.C. has been filed for quashing the order dated 11.12.2017 passed by Special Judge (SC/ST Act)/Additional Session Judge, Ghaziabad in Special S.T. No.326 of 2016 (State Versus Umesh Sharma and another) arising out of Case Crime No.1012 of 2016, under Sections 302/34, 201 I.P.C. and 3(2)5 of SC/ST Act, P.S. Sihani Gate, District Ghaziabad.
Learned counsel for the applicant states that discharge was pressed on the ground that investigation has not been conducted properly and there are certain material contradictions in the date and time of death of the deceased. Besides that, he has also referred to other contradictions in the statement of the witnesses and also drawn attention of this Court towards some of the lapses of Investigating Officer.
Having considered the submissions advanced by the learned counsel for the applicant, I find that trial judge has considered the evidence on record and recorded finding that submissions advanced in defence of accused cannot be looked into while framing charges. Even on the basis of grave suspicion charge can be framed. The present case pertains to murder.
After having heard the learned counsel for the parties present and perused the impugned order as well as material brought on record, I am of the view that the impugned is based upon relevant consideration and supported by cogent reasons, the same does not suffer from any irregularity, illegality or jurisdictional error, hence, no interference is required by this Court.
The present application lacks merits and is accordingly, dismissed.
Order Date :- 23.2.2018 MN/-