Single paragraph order on preliminary objection of maintainability regarding a petition under Section 482 Cr.P.C. (Section 528 B.N.S.S.). Court adjourned to consider the issue afford applicant time to address the objection.
Time granted to applicant to address maintainability objection; case adjourned to next week.
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Court No. - 11
Case :- APPLICATION U/S 482 No. - 6599 of 2024
Applicant :- Amitabh Thakur
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Applicant :- Nutan Thakur,Deepak Kumar Counsel for Opposite Party :- G.A.
Hon'ble Abdul Moin,J.
1. Heard Ms Nutan Thakur, learned counsel for the petitioner and Dr. V.K. Singh, learned Government Advocate assisted by Shri Rajesh Kumar Singh, learned A.G.A. for the State.
2. Instant petition has been filed under Section 482 Cr.P.C.-528 B.N.S.S. challenging the order dated 22.08.2023 passed by the learned Chief Judicial Magistrate, Lucknow whereby the application filed by the petitioner has been rejected.
Also under challenge is the order dated 10.06.2024, whereby the revision filed by the petitioner against the said order has been rejected. 3. Preliminary objection has been raised by Dr. V.K. Singh, learned Government Advocate that the instant petition under Section 482 Cr.P.C.-528 B.N.S.S. would not be maintainable. In this regard, reliance has been placed on the judgments of the Hon'ble Supreme Court in the cases of Dharampal & Ors vs Ramshri (Smt) & Ors : (1993) 1 SCC 435 and Deepti @ Arti Rai vs Akhil Rai & Ors : (1995) 5 SCC 751.
4. Learned counsel for the petitioner prays for and is granted a week's time to address the Court on the aforesaid preliminary objection.
5. List this case in the next week as fresh.
Order Date :- 26.7.2024 prateek
Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the petition under Section 482 Cr.P.C. (Section 528 B.N.S.S.) is maintainable in the present facts.
Whether the applicant has satisfied the requirement of issuing notice before confronting the preliminary objection of maintainability.
Colour shows how this judgement treated each authority
Dharampal & Ors vs Ramshri (Smt) & OrsReferred¶8
Dharampal & Ors vs Ramshri (Smt) & Ors : (1993) 1 SCC 435 · Who else cites this
Deepti @ Arti Rai vs Akhil Rai & OrsReferred¶8
Deepti @ Arti Rai vs Akhil Rai & Ors : (1995) 5 SCC 751 · Who else cites this
2 provisions across 2 enactments
Amitabh Thakur
State Of U.P.
Abdul Moin
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
