Dismissed
Anurag Mittal v. State of U.P. and Another
Allahabad HCA482/10667/2004
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Case :- APPLICATION U/S 482 No. - 10667 of…
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Case :- APPLICATION U/S 482 No. - 10667 of…
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Court No. - 44
Case :- APPLICATION U/S 482 No. - 10667 of 2004
Applicant :- Anurag Mittal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Swetashwa Agarwal Counsel for Opposite Party :- Govt. Advocate
Hon'ble Umesh Chandra Tripathi,J.
Heard Swetashwa Agarwal, learned counsel for applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been preferred against the order dated 24.08.2004 passed by Additional Session Judge, Court No. 4, Bulandshahar, whereby order dated 21.09.1999 passed by Magistrate in Criminal Complaint Case No. 803/1999 (Yogesh Kumar Vs. Anurag Mittal), dismissing the complaint on ground of limitation was set aside.
Learned Session Judge held that provision of Section 258 Cr.P.C. is not applicable to the complaint case.
From perusal of Section 258 Cr.P.C., it reveals that provision is not applicable in complaint case, but applicable to any summons case instituted otherwise than upon complaint.
In view of above, I find that there is no illegality in the impugned order passed by Session Judge.
Accordingly, application under Section 482 Cr.P.C. is dismissed.
Order Date :- 7.4.2018 Sharad/-
Anurag Mittal
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
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