Case :- APPLICATION U/S 482 No. - 6212 of…
Petition under Section 482 Cr.P.C. dismissed; lower court record remanded to trial court.
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Court No. - 10
Case :- APPLICATION U/S 482 No. - 6212 of 2016
Applicant :- Ram Datt Mishra And Ors. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Kaushlendra Tewari,Deepak Kumar Counsel for Opposite Party :- Govt. Advocate,Praveen Singh,Rajesh Kumar Srivastava
Hon'ble Dinesh Kumar Singh,J.
1. This petition was filed in the year 2016.
2. On the last date of listing of the petition i.e. 16.07.2022, there was a request on behalf of counsel for the petitioners for adjournment on the ground of his being out of station. Accommodating the request of the learned counsel for the petitioners, the case was adjourned to be listed today peremptorily.
3. Despite the case being listed peremptorily today, learned counsel for the petitioners has again tendered a request for adjournment on the ground of him being on sanctioned leave.
4. Since the case is listed peremptorily today, it cannot be adjourned.
5. Present petition under Section 482 Cr.P.C. has been filed seeking quashing of the order dated 21.07.2016 passed by Additional Sessions Judge/ Special Judge, Prevention of Corruption, Court No.1, Lucknow in Criminal Revision No.459 of 2015, which was instituted by opposite party no.2 against the order dated 10.09.2015 passed by learned A.C.J.M. Court No.31, Lucknow whereby learned A.C.J.M. rejected the complaint of the opposite party No.2 under Section 203 Cr.P.C.
6. Learned revisional Court has remanded the matter back to the learned Magistrate to pass a fresh order after taking into consideration the relevant evidence and giving opportunity of hearing to opposite party No.2. This Court does not find that learned revisional Court has committed any error of law or jurisdiction in the impugned order.
7. This petition being without merit and substance is hereby dismissed.
8. Let lower court record be remanded back to the concerned trial Court.
( Dinesh Kumar Singh, J. )
Order Date :- 1.8.2022 prateek
Digitally signed by PRATEEK ARORA Date: 2022.08.01 18:12:55 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether Section 482 Cr.P.C. reading with Section 203 Cr.P.C. can prevent quashing of impugned orders.
3 provisions across 2 enactments
Ram Datt Mishra
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
