The High Court dismissed an application under Section 482 Cr.P.C. seeking to quash lower court orders. Observing that no illegality was made out and the lower court considered the merits, the application was found to lack merit.
Application to quash the impugned orders is dismissed for lack of merit.
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Court No. - 55
Case :- APPLICATION U/S 482 No. - 38961 of 2018
Applicant :- Samar Bahadur Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Om Prakash Vishwakarma Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Om Prakash Vishwakarma, learned counsel for the applicant and learned AGA for the State.
The present application under section 482 Cr.P.C. has been filed with a prayer to quash the order dated 7.7.2018 passed by Sessions judge, Jaunpur in Case No. 129 of 2017 and order dated 1.3.2017 passed in Case No. 959 of 2016 and order dated 6.7.2016 passed in Case No. 59 of 2016 passed by the ACJM,-Vth, Jaunpur.
It is contended by learned counsel for the revisionist that lower appellate court has passed the impugned orders without application of its mind and without going into the facts of the case.
Learned AGA has submitted that the lower court has rightly passed the impugned orders after considering the merits of the case.
After hearing the learned counsel for the revisionist, learned AGA and after perusing the orders impugned as well as material on record, this Court is of the opinion that there is no illegality or infirmity in the orders passed by the court below. The learned counsel for the applicant failed to point out any good ground which may warrant interference by this Court for setting aside the order impugned in exercise of power conferred under section 482 Cr.P.C. jurisdiction.
Present application lacks merit and it is accordingly dismissed.
Order Date :- 19.11.2018 ssm
1 issue framed by the court
Whether the orders passed by the lower court in the underlying cases were passed without application of mind or without considering the merits of the case.
1 provisions across 1 enactments
Samar Bahadur
State Of U.P. And 5 Others
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
