The High Court exercised its supervisory jurisdiction under Article 227 and refused to quash an order directing the handover of the accused to an unauthorized individual, as no good ground for interference was established.
The prayer for quashing the orders impugned is refused.
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Court No. - 69
Case :- MATTERS UNDER ARTICLE 227 No. - 2626 of 2019
Petitioner :- Bhagwan Chandra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- C.L. Chaudhary,Kanchan Chaudhary Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the petitioner and Sri Abhinav Prasad, learned counsel on behalf of State.
Present petition has been filed for quash the impugned order dated 25.03.2019 passed by the Additional Sessions Judge 2nd, Gautam Budh Nagar in Case Crime No. 132/2019 (State Vs. Naveen), under section 363 IPC and 3(1)D, SC/ST Act, Police Station Dhankaur, District Gautam Budh Nagar whereby the court below has illegally directed to hand over the respondent no. 2 to the respondent no. 4, who is not legally authorized person to take custody of the respondent no. 2.
After hearing the learned counsel for the petitioner and after perusing the orders impugned as well as material on record, this Court is of the opinion that the learned counsel for the petitioner could not point out any good ground which may call for interference by this Court in exercise of power conferred under Article 227 of the Constitution of India for quashing the orders impugned.
Accordingly, the prayer for quashing the orders impugned is hereby refused.
Present petition lacks merit and is dismissed.
No order as to costs.
Order Date :- 25.4.2019 Arti
1 issue framed by the court
Whether the order directing handover of the accused to an unauthorized person should be quashed under Article 227.
Bhagwan Chandra
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
