In an application under Section 482 Cr.P.C to quash proceedings for culpable homicide not amounting to murder, the applicant sought leave to lead evidence. The aggrieved counsel opposed, but the applicant abandoned the substantive prayer.
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. - 83
Case :- APPLICATION U/S 482 No. - 17028 of 2020
Applicant :- Manish Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
This application under Section 482 Cr.P.C has been filed seeking following relief:
" set-a-side/ quash the Charge-sheet Dt. 18.10. 2018 as well as cognizance order Dt. 17.01.2019 passed by Chief Judicial Magistrate Chitrakoot District Chitrakoot District Chitrakoot, Case No. 153/ix/2019, State Vs. Manish Patel, case Crime No 638 of 2018 U/S 304-A IPC Police Station Kotwali Karwi, District Chitrakoot by which the learned Magistrate summon the applicant U/S 304-A IPC as well as quash the entire proceeding of Case No. 153/ix/ 2019, State Vs. Manish patel, Case Crime No. 638 of 2018 U/S 304-A IPC Police Station Kotwali Karwi, District Chitrakoot, pending in the court of Chief Judicial Magistrate Chitrakoot District Chitrakoot ."
Learned A.G.A contends that the charge-sheet has been filed after collecting evidence which clearly points to the culpablility of the applicant in the offence. Prima facie offence is clearly made out against the applicant on perusal of the material in the learned trial court.
Faced with this, learned counsel for the applicant does not wish to press this application. He prays that liberty may be granted to lead evidence to prove his innocence before the learned trial court.
In view of above, the application is dismissed.
Order Date :- 24.11.2020 Nadeem Ahmad
2 provisions across 2 enactments
Manish Patel
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
