This short order dismissed an application under Section 482 CrPC challenging an order of the Special Judge (DAA) Kanpur Dehat as impermissible interference after a related application had been previously dismissed for want of prosecution.
The criminal proceeding under the impugned order was not quashed; the application was dismissed.
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Court No. - 45
Case :- APPLICATION U/S 482 No. - 41642 of 2018
Applicant :- Rakesh And 2 Ors Opposite Party :- State Of Up And Anr Counsel for Applicant :- Sanjay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application has been filed for setting a side the entire criminal proceedings of S.T. No. 6 of 1994(State Vs. Rakesh and others) arising out of case crime no. 198 of 1993 under sections 392, 504, 506 I.P.C. P.s. Shivli District Kanpur Dehat pending in the court Special Judge (DAA) Kanpur Dehat.
In pursuance of the order dated 20.11.2018 regarding application U/s 482No. 4085 of 1994 has been received.After going through the record of the aforesaid application it is found that application was dismissed for want of prosecution by order dated 9.5.2007 of this court. Therefore, order of the court below dated 8.5.2017 cannot be set to be incorrect and calls for no interference.
Accordingly the application is dismissed. it is open for the applicant to file recall application in the Criminal Application U/S 482 no. 4085 of 1994
Order Date :- 12.12.2018 Atul kr. sri.
Rakesh And 2 Ors
Sidharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
