In an application under Section 482 Cr.P.C. seeking quashing of an impugned order, the High Court directed the Trial Court to record testimony promptly given that the parties live together and children were born out of wedlock. The petition was disposed of on these terms.
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Court No. - 10
Case :- APPLICATION U/S 482 No. - 2878 of 2022
Applicant :- Chunna
Opposite Party :- State Of U.P. Thru. The Prin. Secy. Deptt. Of Home And 2 Others Counsel for Applicant :- Srees Kumar Srivastava Counsel for Opposite Party :- G.A.,Amit Tewari
Hon'ble Dinesh Kumar Singh,J.
1. Present petition under Section 482 Cr.P.C. has been filed seeking quashing of the order dated 07.12.2001 passed by the learned Judicial Magistrate, Purwa, District Unnao in Criminal Case No.24 of 1999: Case Crime No.85 of 1998 under Section 366 IPC, Police Station Bihar, District Unnao pending before learned Judicial Magistrate, Purwa, District Unnao.
2. Learned counsel for the petitioner submits that the prosecutrix is living with the accused and there are 4 children born out of wedlock. Charge under Section 366 IPC has already been framed vide order dated 07.12.2021.
3. Considering the fact that offence is of the year 1999, and parties are living together, learned Trial Court is directed to record testimony of the prosecutrix and pass an order expeditiously in the trial in accordance with law keeping in mind that the parties are living together and there are 4 children born out of wedlock.
4. Disposed of.
( Dinesh Kumar Singh, J. )
Order Date :- 11.7.2022 prateek
Digitally signed by PRATEEK ARORA Date: 2022.07.11 18:34:41 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the impugned order dated 07.12.2001 under Section 482 Cr.P.C. should be quashed.
1 provisions across 1 enactments
Chunna
State Of U.P. Thru. The Prin. Secy. Deptt. Of Home
Dinesh Kumar Singh
As recorded by the court registry
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