This court rejected an application under Section 482 Cr.P.C. quashing an order from a co-ordinate bench, observing that the applicant was misusing legal processes and evading participation in lower court proceedings.
The application under Section 482 Cr.P.C. is rejected.
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Court No. - 47
Case :- APPLICATION U/S 482 No. - 25682 of 2019
Applicant :- Dilshad Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Rajiv Sisodia,Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 30.5.2018 passed by A.C.J.M., Nagina, District Bijnor in Case No. 1610 of 2018 under Sections 406 IPC, Police Station-Afjalgarh, DistrictBijnor.
Earlier by order dated 5.5.2016 a co-ordinate Bench has granted protection to the applicant in Application U/S 482 No. 22019 of 2015 (Dilshad Vs. State) but the applicant did not comply the direction issued by this Court in the aforesaid order.
In view of above, it is clear that the applicant is apparently misusing the due process of law by moving to this Court again and is deliberately evading his participation in the proceeding before the Court below.
The application is devoid of merits, hence, rejected.
Order Date :- 5.7.2019 Fhd.
1 issue framed by the court
Whether an application under Section 482 Cr.P.C. for quashing an order should be allowed when the applicant is found to be misusing legal processes and evading court participation.
2 provisions across 2 enactments
Dilshad
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
