Bal Kishan v. State of U.P. and 7 Others

Court No. - 50

Case :- APPLICATION U/S 482 No. - 27393 of 2021

Applicant :- Bal Kishan Opposite Party :- State Of U.P. And 7 Others Counsel for Applicant :- Ram Raj Pandey,Shashi Kumar Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Sadhna Rani (Thakur),J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

Instant application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the order dated 9.11.2021 passed by learned Special Judge, SC/ST Act, Hathras, in Case No. 244 of 2021 P.S. Mursan, District - Hathras (Bal Kishan vs. Laxmi Kant @ Lohrey & others).

By the impugned order, learned lower court has rejected the application of the applicant moved under Section 156(3) Cr.P.C.

It is argued by learned counsel for the applicant that the opposite parties no. 2 to 8 had forcibly abducted his minor daughter and threatened him. However, learned lower court, without considering the evidence on record and without applying his judicial mind, has rejected his application under Section 156(3) Cr.P.C. by the impugned order dated 9.11.2021.

Against the impugned order, the applicant has a statutory alternative remedy to file a revision and this application under Section 482 Cr.P.C. is not maintainable and is liable to be rejected.