Application under Section 482 Cr.P.C. sought to quash criminal proceedings. The court requested the applicant's counsel to argue, but the counsel refused. The application was dismissed.
Application for quashing of order and proceedings dismissed.
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Court No. - 77
Case :- APPLICATION U/S 482 No. - 10541 of 2024
Applicant :- Amitabh Kumar Srivastava Alias Amitabh Srivastava Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Fahim Ahmed Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Avnish Kumar, Advocate, holding brief of Mr. Syed Fahim Ahmed, the learned counsel for applicant and the learned A.G.A. for State.
Applicant has approached this Court by means of present application under section 482 Cr.P.C. with the following prayer:
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the order dated 5.12.2023 passed by the Special Chief Judicial Magistrate, Varanasi in Case No. 43274 of 2021 (State Vs. Amitabh Srivastava and others) in relation to Case Crime No.1493 of 2019, under section 409, 420, 467, 468, 471 and 120B of I.P.C., Police Station Cantt., District Varanasi as well as the entire proceedings of Case No. 43274 of 2021 (State Vs. Amitabh Srivastava and others) in relation to Case Crime No.1493 of 2019, under section 409, 420, 467, 468, 471 and 120B of I.P.C., Police Station Cantt., District Varanasi, pending in the court of Special Chief Judicial Magistrate, Varanasi.
It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of Case No. 43274 of 2021 (State Vs.Vs. Amitabh Srivastava and others) in relation to Case Crime No. 1493 of 2019, under section 409, 420, 467, 468, 471 and 120B of I.P.C., Police Station Cantt., District Varanasi, pending in the court of Special Chief Judicial Magistrate, Varanasi, during the pendency of the present criminal misc. application before this Hon'ble Court, otherwise the applicant shall suffer irreparable loss and injury.
And/or pass such other and further order which this Hon'ble Court may deem fit an proper under the facts and circumstances o the case."
On the matter being taken up, the learned counsel for applicant seeks adjournment.
Order sheet shows that matter was adjourned on 24.5.2024 on the request of the learned counsel for applicant.
In view of above, the Court requested the learned counsel for
applicant to proceed with the matter. However, the learned counsel for applicant has refused to argue the matter.
In view of above, the application is accordingly dismissed.
Order Date :- 23.8.2024 Arshad
Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad
1 provisions across 1 enactments
Amitabh Kumar Srivastava
Rajeev Misra
As recorded by the court registry
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