Application under Section 482 Cr.P.C. to quash an order remanding the matter was dismissed as the prayer was misconceived since the matter had already been remanded to the lower court.
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Court No. - 76
Case :- APPLICATION U/S 482 No. - 40797 of 2019
Applicant :- Ishaq Mohd Opposite Party :- State of U.P. and Another Counsel for Applicant :- Firdos Ahmad,Vinod Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present 482 Cr.P.C. application has been filed for quashing of impugned order dated 27.09.2019 passed by Additional Sessions Judge - VII, Bareilly in Criminal Revision No.23 of 2019 (Jhamman Lal Vs. State & others), under Section 133 Cr.P.C., Police Station Cantt, District Bareilly, pending in the court of Sub-Divisional Magistrate, City Bareilly.
It is contended by the learned counsel for the applicant that the applicant has approached this Court against the revisional order dated 27.09.2019 whereby the learned court has only set aside the impugned order dated 02.01.2019 and remanded back the matter to the learned Sub-Divisional Magistrate.
Prima facie, the prayer for setting aside the order dated 27.09.2019 is misconceived as the matter has already been remanded back. No interference is warranted at this stage.
With the aforesaid observation, the present application is dismissed.
Order Date :- 21.11.2019 Anand Sri./-
Ishaq Mohd
State of U.P.
Manju Rani Chauhan
As recorded by the court registry
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