This is a criminal miscellaneous application under Section 482 CrPC seeking to quash charges for murder and related offenses. The High Court held the application devoid of merits and dismissed it.
The prayer to quash the charges framed against the applicants is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 36
Case :- APPLICATION U/S 482 No. - 3679 of 1996
Applicant :- Mohan Lal And Others Opposite Party :- State Of U.P. Counsel for Applicant :- V.C.Tiwari,A.K.Awasthi,Kaushalesh Tripathi,M.Tiwari,S.K.Vidhayrthi,V.N. Mishra,Vijay Bahadur Shivhare
Counsel for Opposite Party :- A.G.A.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the applicants and learned A.G.A.
The prayer in the present 482 application is to quash the charges framed by the Sessions Judge Banda against the applicants in Sessions Trial No.483 of 1995 which has arisen out of Case Crime No.1224 of 1993 under Sections 302, 201, 120-B IPC registered at Police Kotwali, District Banda.
The ground taken in the present application to assail the order passed by the Sessions Court is that the parents of the victim had lodged a missing report. The G.D. entry was made on the said report. During the course of investigation, Investigating Officer has illegally implicated the applicants only on the premises that the dead body of the victim was recovered from the Mezzanine floor of the house.
It is though admitted that the house wherein the dead body was found, is owned by the applicants.
The charges framed by the Sessions Court after appreciation of evidence brought by the Investigating Officer, therefore, cannot be said to be without application of mind.
The application under Section 482 challenging the order of Sessions Court, therefore, is found devoid of merits and hence dismissed.
Order Date :- 10.12.2018 Jyotsana
1 issue framed by the court
Whether the application under Section 482 CrPC to quash charges framed by the Sessions Court is devoid of merits.
2 provisions across 2 enactments
Mohan Lal And Others
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
