Court No. - 49
Case :- APPLICATION U/S 482 No. - 25303 of 2018 Applicant :- Arvind Kumar Saxena Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Rakesh Kumar Yadav,Muktesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Supplementary affidavit filed today, is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the order dated 16.5.2018 as well as the entire proceedings of Case No. 1533/2008, arising out of Case Crime No. 523/2007, under Sections- 4/5 Explosive Substance Act, I.P.C., Police Station- Kotwali, District- Etawah.
Present application is filed against the order dated 16.5.2018 by which the learned Chief Judicial Magistrate, Etawah has rejected the application filed by the applicant for permission to travel abroad. While, the order dated 16.5.2018 appears to be non speaking upon instruction received, learned AGA submits that learned Magistrate could not permit the applicant to leave the country on account of pendency of criminal case being no.446/1990 under Section 307 and 302 IPC.
By means of the supplementary affidavit filed today the learned counsel for the applicant has brought on record a copy of the judgement of the Sessions Judge, Etawah dated 22.7.2009 in session trial no.119/1991 arising out of criminal case no.446/1990. In that case the applicant appears to have been acquitted.
In view of such fact, it has been submitted that the impugned order cannot be sustained.
Learned AGA submits, this fact needs to be verified and appropriate order may be passed by the learned court below.
Having considered the arguments the impugned order is set aside. The matter is remitted to the learned court below to pass a fresh and reasoned order in accordance with law, preferably within a period of one month from the date of production of certified copy of this order.
Accordingly, the application is disposed of. Order Date :- 18.8.2018 Gaurav Pal