Court No. - 54 Case :- APPLICATION U/S 482 No. - 3146 of 2010 Petitioner :- Tasawwar And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Radhey Shyam Shukla Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants, the learned A.G.A.
This application has been filed with a prayer to quash the proceedings of
case no. 220 of 2008 under sections 304-B I.P.C. and section ¾ of
D.P.Act P.S. Katra district Shahjahanpur pending in the court of Chief
Judicial Magistrate, Shahjahanpur.
It is contended by the learned counsel for the applicant that in the present
case husband of the deceased has been acquitted in S.T. No. 18 of 2009
because the witnesses have not supported the prosecution story, in such a
situation the prosecution of the applicants shall not serve an purpose, it
would a futile exercise, therefore, the proceedings of the aforementioned
case may be quashed.
In reply to the above contention, it is submitted by the learned A.G.A.
that the proceedings of the trial case cannot be quashed on the ground of
acquittal of the other co-accused.
Considering the facts and circumstances of the case and from the perusal
of the record that the husband of the deceased has been acquitted by the
trial court by way of acquittal, proceedings of the co-accused cannot be
quashed, because he is under obligation to face the trial in accordance
with the provisions of law, therefore, the prayer for quashing the same is
refused.
However, in case the applicant appears before the court concerned and
apply for bail the same shall be heard and disposed of expeditiously, if
possible, on the same day, and the proceedings against the applicants
shall be expedited without granting unnecessary adjournments to either of
the side.
This this direction this application is finally disposed of.
Order Date :- 4.2.2010
N.A.