Court No. - 51
Case :- APPLICATION U/S 482 No. - 30775 of 2019 Applicant :- Ashvani Mishra Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Satish Sharma Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned AGA for the State.
The present application u/s 482 CrPC has been field seeking quashing of NBW order dated 28.1.2013 and Section 82 CrPC dated 1.10.2018 and Section 83 CrPC dated 17.12.2018 passed by learned ADJ Ist Kanpur Nagar in ST No.889 of 2008 arising out of Case Crime No.80 of 2008 u/s 302, 201, 404, 411 IPC PS Fajalganj District Kanpur Nagar as well as entire proceedings of the aforesaid case.
The contention of the learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with mala fide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. It is further contended that the order impugned has been passed without application of mind and is liable to be quashed.
I have perused the impugned order which shows that non bailable warrant was issued against the applicant on 28.1.2013 and the proceedings under Section 82/83 CrPC were also initiated against him. The trial itself is pending since 2008.
After hearing the learned counsel for the parties and after perusing the order impugned as well as averments made in the present application, this Court is of the opinion that the learned counsel for the applicant could not point out any legal infirmity in the order impugned which may warrant any interference by this Court in exercise of power conferred under 482 Cr.P.C. jurisdiction.
Accordingly, the application lacks merit and is rejected.
Order Date :- 26.8.2019 SP