Court dismissed the application under Section 482 Cr.P.C. seeking quashal of an order calling the applicant as a witness under Section 319 Cr.P.C., holding no illegality or jurisdictional error in the order.
Prayer for quashal of the order dated 29.11.2017 under Section 319 Cr.P.C. refused.
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Court No. - 1 Case :- APPLICATION U/S 482 No. - 16281 of 2018 Applicant :- Kishan Lal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jamaluddin Mohd. Nasir Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri Jamaluddin Mohd. Nasir, learned counsel for the applicants and learned A.G.A. for the State.
This 482 Cr.P.C. application has been filed with a prayer to quash the order dated 29.11.2017 passed by learned Additional Sessions Judge, Court No. 8, District Aligarh on the application dated 07.11.2017 moved under Section 319 Cr.P.C. in S.T. No. 503 of 2017 arising out of case crime no. 308 of 2016 under Section 302/34, 504, 120B I.P.C., P.S. Gadhi Park, District Aligarh.
The learned counsel for the applicants submits that the chargesheeted accused have been granted bail by the competent court moreover there appears to be no evidence against the applicanta hence the impugned order be quashed.
I have gone through the 482 Cr.P.C. application along with the affidavit filed in support of this 482 Cr.P.C. application as well as the impugned order and the material brought on record, I am of the view that the impugned order does not suffer from any, illegality, infirmity or jurisdictional error and is based upon relevant considerations and supported by cogent reasons, hence requires no interference by this Court, hence quashing of the same is refused.
While considering the bail application, the court below shall consider the fact that the charge-sheeted accused have already been granted bail by the competent court.
The 482 Cr.P.C. application is disposed of.
Order Date :- 25.5.2018 S.K.
1 issue framed by the court
Whether the impugned order dated 29.11.2017 under Section 319 Cr.P.C. calling the applicant as a witness requires quashal under Section 482 Cr.P.C.
3 provisions across 2 enactments
Kishan Lal
State Of U.P.
Ramesh Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
