Court No. - 44
Case :- APPLICATION U/S 482 No. - 28786 of 2018
Applicant :- Rashid Ansari Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vipin Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Vipin Kumar, learned counsel for the applicants and the learned A.G.A. for the State.
This application under section 482 Cr. P. C. has been filed challenging the summoning order dated 25.05.2018, passed by the Chief Judicial Magistrate, Saharanpur, in Complaint Case No. 13993 of 2017 (Rashid Ansari Vs. Husna), under sections 363, 366, 368, 376 read with section 34 IPC, P.S. Kutubsher, District Saharanpur, whereby application under section 340 Cr. P. C. filed by the applicants has been dismissed.
From the perusal of the order dated 25.5.2018, the Court finds that the said application was dismissed on the ground that firstly the applicant is not present and secondly on the ground that since the co-accused persons have already been convicted, therefore, the basis of filing the application under section 340 Cr. P. C., whereby it was alleged that false evidence has been given has now disappeared. The said reasonings recorded by the Court below in the impugned order could not dislodged by the learned counsel for the applicant.
In view of the aforesaid, no occasion arises before this Court to entertain this application.
It is, accordingly, dismissed.
Order Date :- 11.9.2018 HSM
Neutral Citation No. - 2018:AHC:207890
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