Court No. - 48
Case :- APPLICATION U/S 482 No. - 42462 of 2018 Applicant :- Vishwapal @ Vishpal And 2 Ors Opposite Party :- State Of Up And Anr Counsel for Applicant :- Sarvajeet Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the summoning order dated 26.9.2018 passed by the Chief Judicial Magistrate, Budaun in case no. 1665 of 2018, arising out of case crime no. 382 of 2018, under Sections 323, 504, 506, 307 IPC, Police Station Civil Lines, District - Budaun. Further prayer has been made to stay the further proceedings of the aforesaid case.
Heard learned counsel for the applicants and the learned AGA appearing for the State.
Initially in this matter charge-sheet was submitted for the offence under Sections 323, 324, 504 and 506 IPC and while taking cognizance, concerned Magistrate vide impugned order took cognizance for the offence under Section 307 IPC also. Submission of learned counsel for the applicants is that offence under Section 307 IPC is not made out. Cognizance taken for the said offence is illegal. The impugned order suffers from illegality and infirmity.
On the other hand, learned AGA opposing the prayer submitted that the impugned order does not suffer from any illegality or infirmity.
Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. The impugned order does not suffer from any infirmity or illegality. Hence, the prayer made in the present application is refused.
The application is dismissed.
Order Date :- 30.1.2019 safi