Gaurav Agrawal Vs State of U.P. and Another

Court No. - 74

Case :- APPLICATION U/S 482 No. - 447 of 2020

Applicant :- Gaurav Agrawal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash-VII,J.

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Heard learned counsel for the applicant and the learned AGA for the State and perused the record.

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This application under Section 482 CrPC has been filed with the prayer to set-aside the judgment and order dated 14.11.2019 passed by Sessions Judge, Rampur in Criminal Misc. Revision Case No. 30 of 2019 and judgment and order dated 31.1.2009 passed by A.C.J.M, Court No.1, Rampur in criminal case no. 894 of 2017 arising out of case crime no. 256 of 2016 under Sections 498-A, 323, 504 IPC and 3/4 D.P. Act, Police Station Kotwali, District Rampur and further to stay the effect and operation of the aforesaid orders.

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It appears that initially application under Section 311 CrPC moved by the applicant was rejected vide order dated 31.1.2019. Criminal revision was filed before Sessions Judge concerned which was allowed and order passed by the trial court was set aside imposing a cost of Rs. 10,000/upon the applicant.

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Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties and keeping in view the observations recorded by the trial court and the stage of trial as also the conduct of applicant, in my view, there is no infirmity or illegality in the order passed by the revisional court. Cost imposed upon the applicant cannot be said to be excessive or exorbitant as opposite party no.2 is the wife of applicant. No good ground is made out to interfere with the matter. The application lacks merits and is liable to be dismissed. The application is accordingly dismissed .

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Order Date :- 7.1.2020 safi

Gaurav Agrawal v. State of U.P. and Another

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Gaurav Agrawal v. State of U.P. and Another

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