This judgment dismisses an application under Section 482 Cr.P.C. seeking to quash a summoning order. The court held that the trial court correctly summoned the applicant based on legally admissible evidence and the order was not affected by any error. The application lacks merit.
Prayer for quashing of the summoning order dated 15.9.2017 is refused.
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Court No. - 42
Case :- APPLICATION U/S 482 No. - 3380 of 2018
Applicant :- Kulveer Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Brahma Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri B.K. Tiwari, learned counsel for the applicant and Sri I.P. Srivastava, learned A.G.A for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 15.9.2017 passed by Addl. Sessions Judge, Court No.1, Muzaffar Nagar in S.T. No.1352 of 2016, in case crime no.157 of 2014, u/s 302 IPC, P.S. Bhaura Kalan, district Muzaffar Nagar.
After having heard the learned counsel for the parties present and perused the impugned order as well as the material brought on record, I am of the view that the impugned order is based upon relevant considerations and supported by cogent reasons, the same does not suffer from any irregularity, illegality or jurisdictional error, hence no interference is required by this Court. The learned trial court after noticing that there was legally admissible evidence on record indicating at the complicity of the applicants in the commission of the aforesaid offence, summoned the applicants under Section 319 Cr.P.C. to face trial. The prayer for quashing the impugned orders is refused.
The present 482 Cr.P.C. application lacks merit and is, accordingly, dismissed.
Order Date :- 7.2.2018 Gaurav
2 issues framed by the court
Whether the impugned summoning order passed by the trial court under Section 319 Cr.P.C. should be quashed under Section 482 Cr.P.C.
Whether legally admissible evidence on record indicating complicity of the applicant justifies summoning them to face trial.
3 provisions across 2 enactments
Kulveer
State Of U.P.
Ramesh Sinha, J.
As recorded by the court registry
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