Court No. - 48
Case :- APPLICATION U/S 482 No. - 5042 of 2019 Applicant :- Veer Pratap Singh Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
This application under Section 482 Cr.P.C. has been filed for quashing the order of framing of charge dated 25.5.2018 passed by the Chief Judicial Magistrate, Saharanpur in complaint case no. 4762 of 2011 (Ram Pal Singh Vs. Veer Pratap Singh and another), under Sections 219, 465, 120-B IPC, Police Station Sadar Bazar, district Saharanpur. It is further prayed that effect and operation of the order aforesaid be kept stayed.
Submission of learned counsel for the applicant is that offence under Section 219, 465, 120-B IPC is not attracted against the applicant. Charge framed in the matter o 25.5.2018 is without evidence. Trial Court has not applied judicial mind and perused the evidence.
Learned A.G.A. opposed the prayer.
Having regard to the facts and circumstances of the case, hearing the parties and going through the charge framed in the matter on 25.5.2018, the application is disposed of at this stage itself with the direction to the applicant to move proper application within 15 days from today before the court concerned ventilating all the facts as has been raised in this application. In turn, if such application is moved, the Court concerned is hereby directed to consider the same and if needed charge be modified.
With the aforesaid observation, application is disposed of.
Order Date :- 21.2.2019 Sachdeva