Court No. - 72
Case :- APPLICATION U/S 482 No. - 21576 of 2019 Applicant :- Vinod And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Shri Jagdish Prasad Mishra, learned counsel for the applicants and Shri Ratnesh Nandan Singh, learned AGA for the State.
2. The present application under Section 482 Cr.P.C. has been filed to quash charge sheet dated 16.02.2019, cognizance order dated 19.03.2019 as well as the entire proceedings of Case No. 1211 of 2019 (State Vs. Vinod & Ors.), arising out of Case Crime No. 204 of 2017, under Section 328 and 302 IPC, Police Station Baghpat, District Baghpat, pending before the Chief Judicial Magistrate, Baghpat.
3. Learned counsel for the applicants submits that, other than the fact that the applicants had been named in the FIR, at present, there is no material to proceed against the applicants for heinous offence of murder. The deceased was 75 years of age and he died of medical complications after being admitted to a medical facility where he was treated for more than three days.
4. Shri Ratnesh Nandan Singh, learned AGA, on the other hand, points out that, other than the fact the applicants had been named in the FIR which was lodged within three days from the poison being administered, doctor's statement had clearly established that the deceased was admitted to the medical facility on complaint of poisoning, that too after referral from other medical facility. Moreover, the post-mortem report does reveal presence of poison. Thus, there is no case for interference in this application.
5. Having heard learned counsel for the parties and having perused the record, it does appear, at present, there is sufficient material to proceed against the applicants in view of the specific allegation made in the FIR which is duly supported by the statements recorded during police investigation as also post- mortem report.
6. The present application lacks merit and is accordingly dismissed.
7. In case the applicants surrender and apply for bail, their application may be considered strictly in accordance with law.
Order Date :- 30.5.2019 AHA