A writ petition under Article 227 was dismissed for lack of merit. The Court found no illegality, infirmity, or perversity in the impugned order passed by the Upper Session Judge, as it was a reasoned order considering the entire evidence.
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Court No. - 77
Case :- MATTERS UNDER ARTICLE 227 No. - 1102 of 2021
Petitioner :- Diwakar @ Bantu Mishra And 3 Others Respondent :- State Of U P And Another Counsel for Petitioner :- Nagendra Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Gautam Chowdhary,J.
This petition has been filed seeking the quashing of order dated 11.01.2021 passed by Upper Session Judge, Court No.7, District Budaun, in Criminal Revision No.149 of 2018 (Smt. Saraswati Mishra Vs. State of and otehrs).
Heard learned counsel for the petitioner and learned A.G.A.
The perusal of the grounds taken by the petitioner do not show any such good ground which may persuade this Court to interfere in the impugned order. Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. There is no illegality or infirmity in the said order. The concerned court while passing the impugned order has considered the entire evidence available on record. Further, the plea raised by the learned counsel for the petitioner before this Court may be raised before the court concerned at appropriate stage. This court does not see any element of perversity in the impugned order. There also does not appear to be any such abuse of court's process which may persuade this Court to interfere in the impugned order which is a reasoned one.
The petition lacks merit and is hereby, dismissed.
Order Date :- 11.11.2021 shiv
1 issue framed by the court
Whether the Upper Session Judge had applied its mind correctly to the evidence in the impugned order under Article 227.
Diwakar @ Bantu Mishra And 3 Others
State Of U P And Another
Gautam Chowdhary
As recorded by the court registry
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