Court No. - 86
Case :- APPLICATION U/S 482 No. - 9096 of 2021 Applicant :- Vijendra Mohan @ Bhusan Opposite Party :- State of U.P.
Counsel for Applicant :- Hemendra Pratap Singh,Anshu Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
I have heard learned counsel for the applicant as well as learned AGA and have gone through the material available on record carefully This application under Section 482 Cr.P.C. has been filed for quashing entire proceedings of Session Trial No. 226 of 2019 (State Vs. Vijendra Mohan @ Bhusan) under Section 307, 504, 506 IPC, Police Station- Surir, District- Mathura as well as order dated 3.3.2021 passed by Additional Sessions Judge, Court No.3, Mathura, aforesaid Session Trial. Further prayer to stay the further proceedings of the Session Trial has also been made.
Learned counsel for the applicant submits that it is a counter blast case; that there is no injury on the vital part nor there was intention to kill as such offence under Section 307 IPC is not made out and at the most it is a case of 324 IPC against the applicant; that only on the basis of statements recorded in case-diary the impugned order has been passed and that the statement of the victim/injured under Section 164 Cr.P.C. has not been recorded.
The assertions made in the F.I.R. clearly show that fire-arm injury was caused to the injured. Whether it was on vital or non-vital part is a matter of evidence which can not be adjudicated upon by this Court at this stage under Section 482 Cr.P.C. From perusal of the material on record and looking into the facts and circumstances of the case, I am of the considered view that prima facie cognizable case is made out against the applicants. I do not find any substance in the arguments advanced by learned counsel for the applicant.
However, in the eventuality of filing of any proper application by the applicant before the trial Court, it is expected from the trial Court to consider and decide the same after recording the statements of injured/victim.
It is made clear that this Court has not expressed any opinion on merits of the case and the competent Court is to act in accordance with law.
With the above observation, this application stands disposed of accordingly.
Order Date :- 16.8.2021 S.Verma