Ravi Shankar Ojha vs State Of U.P. Thru Addi. Chief ...
2022 Latest Caselaw 9332 ALL

Citation : 2022 Latest Caselaw 9332 ALL
Judgement Date : 4 August, 2022

Allahabad High Court

Ravi Shankar Ojha vs State Of U.P. Thru Addi. Chief ... on 4 August, 2022

Bench: Dinesh Kumar Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 10
 

 
Case :- APPLICATION U/S 482 No. - 122 of 2022
 

 
Applicant :- Ravi Shankar Ojha
 
Opposite Party :- State Of U.P. Thru Addi. Chief Secty, Department Of Home, Up Sectt, Lko And Another
 
Counsel for Applicant :- Praveen Tripathi
 
Counsel for Opposite Party :- G.A.,Kuldeep Singh
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard Mr.Praveen Tripathi, learned counsel for the petitioner and Mr.Ran Vijay Singh, learned A.G.A. for the State.

2. Present petition under Section 482 Cr.P.C. has been filed seeking quashing of the order dated 18.12.2021 passed by the learned Additional Sessions Judge, Court No.7, Gonda in Sessions Trial No.22 of 2019 arising out of Crime No.386 of 2018, under Sections 302/34, 323 on an application under Section 319 Cr.P.C.

3. The accused-petitioner was named in the F.I.R. However, the investigating officer did not file charge-sheet against him. P.W.-1, who is the complainant, in his statement recorded before the Court specifically named the accused-petitioner and assigned specific role to him. P.W.-1 is an injured witness. His father was murdered in the incident.

4. Learned counsel for the petitioner submits that the accused-petitioner was not present at the place of incident and on the date of incident he was in Gurgaon in relation to his business.

5. Considering the evidence of injured witness as well as other facts and circumstances of the case and also taking into consideration the Constitution Bench judgment of the Supreme Court in the case of Hardeep Singh vs State of Punjab & Ors: (2014) 3 SCC 92, trial Court finding that there is more than prima facie case available against the revisionist, has summoned him as additional accused to face trial under Sections 302/34, 323 IPC.

6. This Court has considered the impugned order and does not find that learned trial Court has committed any error of law or jurisdiction in allowing the application under Section 319 Cr.P.C. Question of alibi will be considered at an appropriate stage.

7. This petition being devoid of merit and substance is hereby dismissed.

(Dinesh Kumar Singh, J.)

Order Date :- 4.8.2022

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