High Court rejected an application under Section 482 Cr.P.C. to challenge an order summoning an accused under Section 319 Cr.P.C., holding the application not maintainable and directing the applicant to seek an alternative remedy.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 67
Case :- APPLICATION U/S 482 No. - 7041 of 2019
Applicant :- Bailat Tiwari @ Ram Autar Tiwari Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned AGA for the State.
By means of the present application the applicant is assailing the order dated 10.01.2019 passed by Additional Sessions Judge,/FTC-II, Banda in S.T. o. 142 of 2016 by which the application was summoned in exercise of power under Section 319 Cr.P.C..
The present 482 Cr.P.C. application is not maintainable for this said purpose, if he so advice he may avail proper remedy available under the law. Accordingly, the present application is hereby rejected.
Office is directed to return the certified copy of the impugned order to learned counsel for the applicant on his supplying photo copy of the same within fifteen days.
Order Date :- 22.2.2019 Abhishek Sri.
1 issue framed by the court
Whether the High Court should entertain an application under Section 482 Cr.P.C. to quash an order summoning an accused under Section 319 Cr.P.C.
Bailat Tiwari @ Ram Autar Tiwari
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
