RAMVEER Vs. STATE OF U.P.

JUDGEMENT

(1.) The applicant, by means of this application under Section 482 Cr.P.C., 1973 has invoked the inherent jurisdiction of this Court with prayer to quash the order dated 19.9.2017 passed by learned Additional Sessions Judge, Court No. 01, Bulandshahar in S.T. No. 50 of 2015 arising out of Case Crime No. 207 of 2014 under Sections 452, 323 and 308 I.P.C., Police Station Aurangabad, district Bulandshahr whereby the learned court below while allowing the application under Section 319 Cr.P.C., 1973 has summoned the revisionist to face trial.

(2.) Heard learned counsel for the applicant and learned A.G.A. Perused the record.

(3.) The contention of learned counsel for the applicant is that the applicant had left the village, where the occurrence has taken place, 15 years ago which fact has been supported by the affidavits given by the villagers to the investigating officer during investigation. That is why chargesheet was not submitted against him. It is further contended that there is no reliable evidence against the applicant and chances of his conviction are remote. On the aforesaid grounds it has been prayed that as the summoning of the applicant under section 319 Cr.P.C., 1973 is bad in law and the same may be quashed.