Dismissed
Rakesh Kumar v. State of U.P. and 3 Others
Allahabad HCA482/31218/2022
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Case :- APPLICATION U/S 482 No. - 31218 of…
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Case :- APPLICATION U/S 482 No. - 31218 of…
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 31218 of 2022
Applicant :- Rakesh Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pramod Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. P.K. Pandey, the learned counsel for applicant and the learned A.G.A. for State.
Challenge in this application under section 482 Cr.P.C. is to the order dated 7.9.2022, passed by Additional District and Sessions Judge/F.T.C.-I, Kaushambi, in Sessions Trial No. 185 of 2021 (State Vs. Manoj Pasi and Others) arising out of Case Crime No. 132 of 2020, under sections 498A, 304-B IPC and 3/4 D.P. Act, Police Station- Paschim Shareera, District Kaushambi, whereby application under section 319 Cr.P.C. (paper no. 16 kha) filed by applicant has been rejected.
At the very outset, learned A.G.A. has raised a preliminary objection regarding maintainability of present applicant. He submits that since order impugned in present application is final order, therefore, same is revisable in terms of Section 397/401 Cr.P.C. In view of above, remedy lies to applicant by filing criminal revision. As such, present application is not maintainable and is liable to be dismissed on the ground of alternative remedy.
When confronted with above, learned counsel for applicant could not overcome the same.
In view of above, present application fails and is liable to be dismissed on the ground of alternative remedy.
It is accordingly dismissed on the ground of alternative remedy.
Certified copy of the impugned order may be returned to the learned counsel for the applicant after obtaining photo copy of the same to be kept on record.
Order Date :- 17.1.2023
Arshad
Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad
2 provisions across 1 enactments
Rakesh Kumar
State Of U.P.
Rajeev Misra
As recorded by the court registry
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