The High Court dismissed an application under Section 482 Cr.P.C. as not maintainable because the applicant had already filed a revision before the sessions court against the same impugned order. The court held remedies cannot be availed simultaneously.
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Court No. - 28
Case :- APPLICATION U/S 482 No. - 12124 of 2018
Applicant :- Shiv Kumar Solanki Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Kumar Singh,Vinay Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Learned counsel for the applicant contended that against the impugned summoning order dated 24.07.2017, the applicant has filed revision before sessions court, which is pending. Against the same order, the applicant has filed application under Section 482 Cr.P.C. before this Court, which is not maintainable as the applicant cannot avail both the remedies simultaneously.
In view of above, the instant application is dismissed .
Order Date :- 16.4.2018 I. Batabyal
1 issue framed by the court
Whether an application under Section 482 Cr.P.C. is maintainable when the applicant has pending a revision before the sessions court.
Shiv Kumar Solanki
State of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
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