Court No. - 64
Case :- APPLICATION U/S 482 No. - 35995 of 2019 Applicant :- Ashutosh Dwivedi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Baijant Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been moved seeking the quashing of impugned recovery certificate dated 03.07.2019 and 10.07.2019 passed by the Additional District Judge/F.T.C., Kushi Nagar at Padrauna in Case No.93 of 2019 (Priyambada vs. Ashutosh Dwivedi) u/s 128 Cr.P.C., P.S.-Hata, District- Kushi Nagar.
Heard learned counsel for the applicant and learned A.G.A. and also perused the record.
The only submission made by the counsel for the applicant is that there is some application dated 20.7.2019 seeking the stay of the warrants in the wake of the fact that the amount as was directed has already been deposited by the applicant, is still pending but no orders have been passed on the same by the court below and in this regard some direction from this Court has been sought by the counsel.
In view of the aforesaid submissions of the counsel, so far as the prayer of quashing the impugned orders is concerned, same stands dismissed. However, in the totality of facts and circumstances of the case, it is directed that the court below concerned shall look into the aforesaid application dated 20.07.2019 and shall proceed to pass appropriate orders on the same expeditiously as it may deem fit in accordance with law keeping in perspective the facts and circumstances of the case.
Application stands disposed of with aforesaid observations.
Order Date :- 26.9.2019 M. Kumar