Court No. - 45 Case :- APPLICATION U/S 482 No. - 13080 of 2010 Petitioner :- Jai Hind & Another Respondent :- State Of U.P. & Another Petitioner Counsel :- V.D. Yadav Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicants, Sri O.P. Singh assisted by Sri P.K.
Rao has put his appearance on behalf of opposite party no. 2 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 orders dated 16.01.2010 and 20.01.2010 and stay the further
proceeding of Session Trial No. 253 of 2009, State Vs. Jai Hind & another,
under Sections 307, 394, 325, 323, 504 and 506 I.P.C., Police Station Rampur
Karkhana, District- Deoria, pending in the Court of learned Additional
Session Judge, Court No. 15, Deoria till the submission of report under
Section 173(2) Cr.P.C. pursuant to the F.I.R. Lodged by the applicants in
Case Crime No. 405-A of 2009, under Sections 279 and 337 I.P.C.
It is contended by the learned counsel for the applicants that charges have
already been framed on 25.02.2010. It is further contended that the said order
has not been filed by the applicants in the present case.
A certified copy of the charges dated 25.02.2010 has been produced before
this Court by learned A.G.A. which has been kept on record.
After hearing the learned counsel for the applicants and learned A.G.A. and
after perusing the averments made in the present application, 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 application under Section 482 Cr.P.C. lacks merit and is
dismissed.
Order Date :- 2.8.2010
Sunil Kr. Gupta