MOOL CHAND PANDEY AND OTHERS Vs. STATE OF U.P. AND ANOTHER
LAWS(ALL)-2010-7-285
HIGH COURT OF ALLAHABAD
Decided on July 19,2010

Mool Chand Pandey Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

ASHWANI KUMAR SINGH,J - (1.) BY means, of this petition under section 482 Cr.P.C, the petitioners have prayed for quashing of the proceeding of Session Trial No. 15 of 2004, under sections 307/34, 308, 323 and 341, IPC, P.S. Maudaha, District Hamirpur and set aside the charge framed by the Additional Sessions Judge, Court No. 2, District Hamirpur.
(2.) THE submission of learned Coun­sel for the applicants is that there is evi­dence to the effect that no fire-arm was used, as such, no case under section 308 IPC is made out. However, learned Coun­sel for the State submits that there is ample evidence on record, which reveals the complicity of the applicants and it is for the Trial Court to evaluate and appreciate the evidence on record and proceed with the case in accordance with law. I have considered the submissions of the learned Counsel for the parties and pe­rused the entire record of the case. In the facts and circumstances of the case, no interference is called for, ac­cordingly, the petition under section 482, Cr. P.C. is dismissed. However, it is pro­vided that the Trial Court, after evaluating the evidence adduced by the witnesses, may pass the judgment and order, in ac­cordance with law. Petition Dismissed.;


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