Allahabad High Court
Bhagawan Singh And Others vs State Of U.P. & Another on 2 August, 2010
Court No. - 45 Case :- APPLICATION U/S 482 No. - 18988 of 2010 Petitioner :- Bhagawan Singh And Others Respondent :- State Of U.P. & Another Petitioner Counsel :- Suresh Chandra Mishra Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants, Sri A. Kumar Singh, learned counsel who has put in appearance on behalf of the opposite party no.2 by filing his Parcha, which is being taken on record and learned A.G.A. for the State respondent.
The present application under Section 482 Cr.P.C. has been filed for quashing of the order dated 16.04.2010 passed by Additional Session Judge, Court No. 4, Etah in S.T. No. 225 of 2009, State Vs. Bhagwan Singh & others, (Case Crime No. 11 of 2009), under Sections 147, 323, 324, 307, 504 I.P.C., Police Station - Marhara, District - Etah, whereby the discharge application of the applicant has been rejected.
It is contended by the learned counsel for the applicants that the discharge application of the applicants has been rejected without considering the facts and material on record and the case diary, which shows that no offence under the charged sections has been made out against the applicants.
Sri A. Kumar Singh has stated that the order impugned has been passed after considering the facts and material on record. It is a detailed and reasoned order, which needs no interference by this Court.
After hearing the learned counsel for the applicants, learned counsel for the opposite party no. 2 and learned A.G.A. and after perusing the averments made in the present petition, this Court is of the opinion that the learned counsel for the applicants could not point out any legal infirmity in the order impugned, which may warrant any interference by this court in exercise of power under Section 482 Cr.P.C. Accordingly, the prayer for quashing of the order dated 16.04.2010 passed by learned Additional Session Judge, Court No. 4, Etah in S.T. No. 225 of 2009, is hereby refused.
The present application is finally disposed off with the direction to learned Additional Session Judge, Court No. 4, Etah to consider and decide the S.T. No. 225 of 2009, State Vs. Bhagwan Singh & others, (Case Crime No. 11 of 2009), under Sections 147, 323, 324, 307, 504 I.P.C., as expeditiously as possible, in accordance with law, after hearing the parties, preferably within a period of one year from the date of production of certified copy of this Court before the Court below.
Order Date :- 2.8.2010 Sunil Kr. Gupta