In an application under Section 482 Cr.P.C. to quash an order and a summoning warrant, the Court found no substance in the applicants' arguments as they had been raised and dismissed by the Revisional Court, noting the application of judicial mind.
None; the application was disposed of with no interference.
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Court No. - 86
Case :- APPLICATION U/S 482 No. - 2692 of 2021
Applicant :- Shiv Prasad Yadav And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
I have heard learned counsel for the applicants as well as learned AGA and have gone through the material available on record carefully
This application under Section 482 Cr.P.C. has been filed for quashing the order dated 18.9.2019 passed by learned Additional Sessions Judge/Fast Track Court No. 1 Azamgarh, in Criminal Revision No. 29 of 2018 (Shiv Prasad Vs. State of U.P. And Another) as well as summoning order dated 22.12.2017 passed by learned Additional Chief Judicial Magistrate Court No. 12, Azamgarh, in Complaint Case No. 1328 of 2016 (Dukkhi Vs. Shiv Prasad & Others) under Section 452, 352, 323, 504 I.P.C. Police Station- Mehnagar, DistrictAzamgarh. Further prayer to stay the further proceedings of the aforesaid case has also been made.
From the perusal of record I do not find any substance in the arguments advanced by learned counsel for the applicants as the arguments have already been raised before the Revisional Court and the Revisional Court after considering the arguments and material placed before it has passed the impugned order.
The impugned order reflects application of judicial mind. No interference is required by this Court.
With the above observation, this application stands disposed of accordingly.
Order Date :- 13.9.2021 S.Verma
1 issue framed by the court
Whether the application under Section 482 Cr.P.C. for quashing the impugned order and summoning warrant requires interference by this Court.
2 provisions across 2 enactments
Shiv Prasad Yadav And 4 Others
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
