The court dismissed an application under Section 482 CrPC. It held that the application was devoid on merits, and the disputes regarding evidence should be resolved only by the trial court.
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Court No. - 24
Case :- APPLICATION U/S 482 No. - 37454 of 2018
Applicant :- Shakir Opposite Party :- State Of Up And Another Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard Sri Syed Ali Imam, learned counsel for the applicant and learned AGA for the State.
It is submitted that at the bar during the pendency of the investigation it is a revison out of Case Crime No. 697 of 2010. The accused is facing trial under Section 408 IPC. The charge sheet is made out on 28.12.2011 and a query was argued as to on what dates he has appeared before the trial Court, the answer is silence.
It is further submitted by learned counsel for the applicant that it is apparent from the facts and circumstances, there is no evidence against the applicant as the applicant was not deployed on the said truck as helper, therefore no offence is made out against him. It is further submitted that the Investigating Officer has filed the charge sheet against the applicant without collecting any material evidence against him, however the applicant has no concerned with the alleged offence. These are questions of highly dispute which can be resolved only by the trial Court. The applicant has no criminal history.
Accordingly, the application is devoid on merits and is, hereby, dismissed.
Order Date :- 26.10.2018 Krishna
1 issue framed by the court
Whether the present application under Section 482 deserves to be allowed in the facts and circumstances of the case.
Shakir
Dr. Kaushal Jayendra Thaker
As recorded by the court registry
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