Single Judge rejected application to quash an order refusing to issue an arrest warrant in a Gangster Act case, finding no substance in the challenge.
Application for quashing of order is rejected.
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Court No. - 92
Case :- APPLICATION U/S 482 No. - 41274 of 2022
Applicant :- Awadhesh Kumar And 2 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
This application u/s 482 Cr.P.C. has been filed for quashing of impugned order dated 10.11.2022 passed by Additional Sessions Judge/Special Judge (Gangster Act), court No.2 Etha in G.S.T. No.116 of 2008 (State Vs. Charan Singh and others), arising out of Case Crime No.202 of 2007, under Section 2/3 of U.P. Gangsters and Antisocial Activities (Prevention) Act, 1986, Police Station Kotwali Nagar, District Etah.
The Court does not see any illegality, impropriety and incorrectness in the impugned order under challenge and also there seem to be no abuse of court's process. There is no substance in the present application and there is no good ground to interfere in the same, therefore, the prayer for quashing of the impugned order is refused.
Accordingly, the application stands rejected.
Order Date :- 27.1.2023 P.S.Parihar
Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether there is any illegality, impropriety or abuse of process in an order refusing arrest warrant?
2 provisions across 2 enactments
Awadhesh Kumar And 2 Others
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
