The High Court rejected an application under Section 482 Cr.P.C. seeking quashing of an order that dismissed a plea for a Section 83 Cr.P.C. inquiry. The Court found no illegality in the lower order and noted the risk of issuing process against absconding accused.
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Court No. - 67
Case :- APPLICATION U/S 482 No. - 4192 of 2019
Applicant :- Yashoda Devi Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sushil Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant as well as learned A.G.A.
By means of the present application, the prayer sought by the applicant is to quash the order dated 21.01.2019 passed by Sessions Judge, Deoria in Criminal Appeal No.Nil of 2019, Yashoda Devi Vs. State of U.P. in case crime no.739 of 2017 under Sections 147, 148, 149, 302, 307, 504 IPC and Section 25/30 Arms Act, Police Station-Kotwali Deoria, DistrictDeoria.
It is submitted by learned counsel for the applicant that the present FIR was filed by opposite party no.2 on 14.10.2017 against Ajit@Golden and Amit@Sunny, son of the present applicant-Yashoda Devi who are the named accused persons in Case Crime No.739 of 2017. By means of the instant application, the applicant is assailing the order dated 21.01.2019 by which she is challenging the proceeding under Section 83 Cr.P.C. on the ground that property in question is a joint property.
I have gone through the order impugned and I do not find any illegality or infirmity in the order itself.
Under the circumstances, it is expected that accused persons namely Ajit@Golden and Amit@Sunny may surrender before the court concerned, else the court has no other way but to use his power to issue process against the accused persons who are absconding from the year 2017.
Accordingly, the present application under Section 482 Cr.P.C. stands rejected.
Order Date :- 22.2.2019 Sumit S
2 issues framed by the court
Whether the High Court should quash the impugned order dated 21.01.2019 rejecting the applicant's plea for a Section 83 Cr.P.C. inquiry.
Whether the applicant's claim to a Section 83 Cr.P.C. inquiry on grounds of joint property is meritorious.
1 provisions across 1 enactments
Yashoda Devi
State Of U.P.
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
