The High Court refused to quash the charge sheet and cognizance order in a criminal case involving sections 279, 337, and 338 IPC. Finding no good grounds for interference, the Court dismissed the application under Section 482 Cr.P.C.
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Court No. - 69
Case :- APPLICATION U/S 482 No. - 9953 of 2019
Applicant :- Ashok Kumar Yadav Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sudhakar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Sudhakar Singh, learned counsel for the applicant and learned A.G.A. for the State.
The present application has been filed for quashing the charge sheet dated 18.9.2015 as well as cognizance taking order dated 21.7.2017 in Case No.2185 of 2017 arising out of Case Crime No.0464/2015 (State Vs. Ashok Kumar Yadav), under Sections 279, 337 & 338 I.P.C., Police Station Cantt. District Gorakpur, pending in the Court of C.J.M., Gorakhpur.
After hearing the learned counsel for the applicant, learned A.G.A. and after perusing the material on record, this court is of the opinion that learned counsel for the applicant could not make out any good ground which may warrant interference by this Court for quashing the order impugned and proceedings.
The prayer for quashing the order impugned and proceedings is hereby refused.
The instant 482 Cr.P.C. application lacks merit and is accordingly dismissed.
Order Date :- 25.3.2019 Dev/-
2 issues framed by the court
Whether the High Court is warranted to quash the charge sheet and cognizance order under Section 482 Cr.P.C. in the present case.
Whether the materials on record disclose any ground sufficient to interfere with the impugned proceedings under Section 482 of the Code of Criminal Procedure, 1973.
2 provisions across 2 enactments
Ashok Kumar Yadav
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
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