Court No. - 66
Case :- APPLICATION U/S 482 No. - 28604 of 2019 Applicant :- Urmila Devi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Rakesh Kumar Srivastava, learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record.
The present application under Section 482 Cr.P.C. has been filed with the prayer to quash the Charge-sheet dated 27.4.2019 as well as summoning order dated 27.4.2019 in Criminal S.T. No.168 of 2019 (State vs. Navneet and another), arising out of Case Crime No.18 of 2019, under Sections 147, 504, 302 I.P.C., P.S. Jafarabad, District Jaunpur, pending in the court of Additional Sessions Judge, Jaunpur.
Submission of the learned counsel for the applicant is that taking the entire allegations made in the first information report and the statements of the witnesses, prima facie, the offence will not travel beyond the purview of Section 304 I.P.C. It is argued that according to prosecution the deceased was assaulted by the applicant and other co-accused by kicks, fists, lathi and danda from which it cannot be inferred that they intended to cause for death of the deceased who had sustained only two injuries only in the nature of contusion.
Per contra, learned A.G.A. has vehemently opposed the prayer for quashing the charge-sheet and summoning order stating that there is ample evidence of eye-witness account of assaulting the deceased by the applicant and other co-accused and it is always open for the applicant to raise this submission that offence under Section 302 I.P.C. is not made out at the time of framing of charge.
Having heard learned counsels for the parties as well as considering the overall facts and circumstances of the case, the present application under Section 482 Cr.P.C. is devoid of merits and the same is, accordingly, dismissed.
Order Date :- 25.7.2019 Vikas