This is a criminal miscellaneous application under section 482 Cr.P.C. seeking to quash an order by the Additional Sessions Judge refusing to quash prosecution. The High Court held no illegality existed in the impugned order warranting interference and rejected the application.
Application under section 482 Cr.P.C. is rejected as it lacks merit.
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Court No. - 69
Case :- APPLICATION U/S 482 No. - 19899 of 2019
Applicant :- Amir Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Abhishek Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Abhishek,learned counsel for the applicant and Sri Abhinav Prasad, earned AGA for the State.
The present application under section 482 Cr.P.C. has been filed with a prayer to quash the impugned order dated 16.3.2019 passed by Addl. Sessions Judge/F.T. C. , Meerut in S.T. No. 1159 of 2017 arising out of proceedings of Case Crime No. 335 of 2016, under sections 498A, 323 rad with 149, 376 and 511 IPC and 3/4 of D.P. Act, Police StationBahwanpur, District- Meerut.
It is contended by learned counsel for the applicant that lower appellate court has passed the impugned order without application of its mind in a very routine/mechanical manner without going into the facts of the case and prevailing law.
Learned AGA has submitted that earlier in the same case and crime application under section 482 Cr.P.C. No. 8469 of 2017, has been preferred and the same has been finally disposed off by this Court vide order dated 23.3.2017. He further submitted that the court below has rightly passed the impugned order after considering the merits of the case.
After hearing the learned counsel for the applicant, learned AGA and after perusing the order impugned as well as material on record, this Court is of the opinion that learned counsel for the applicant could not point out any illegality in the order impugned which may warrant interference by this Court for quashing the same.
Accordingly, instant application lacks merit and is rejected.
Order Date :- 20.5.2019 ssm
1 issue framed by the court
Whether the impugned order passed by the lower appellate court in the criminal matter deserves to be quashed under section 482 Cr.P.C. for lack of application of mind.
1 provisions across 1 enactments
Amir
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
