Court No. - 72
Case :- APPLICATION U/S 482 No. - 22414 of 2019 Applicant :- Amit Tyagi Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Lal Mani Tripathi Counsel for Opposite Party :- G.A.,Manoj Singh
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the applicant and learned AGA for the State.
Present application under Section 482 Cr.P.C. has been filed for quashing the order dated 06.10.2018 passed by Judicial Magistrate-I, Hapur in Case No. 1197 of 2017 and the order dated 12.04.2019 passed by Session Judge, Hapur in Criminal Appeal No. 78 of 2018.
Preliminary objection has been raised by Sri Manoj Singh, learned counsel for the opposite party no.2 that present application under Section 482 Cr.P.C is not maintainable. He placed reliance upon the Full Bench judgment of this Court rendered in the case of Dinesh Kumar Yadav Vs. State of U.P., AIR 2017 ALLAHABAD 29 (FB).
In view of the above, present application is rejected on the ground of availability of alternative remedy to the applicant to approach the court by way of filing revision under Section 397/401 Cr.P.C.
Office is directed to return the certified copy of the impugned order to learned counsel for the applicant after retaining the xerox copy of the same on record.
Order Date :- 26.7.2019 Noman