Court No. - 47
Case :- APPLICATION U/S 482 No. - 38574 of 2018 Applicant :- Chatur Singh Opposite Party :- State Of Up And 8 Others Counsel for Applicant :- Ashok Gupta Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for applicant and perused the record.
This application under Section 482 Cr.P.C. has been filed to quash the impugned order dated 08.08.2018 passed by Chief Judicial Magistrate, Banda in Miscellaneous Case No. 388 of 2018 (Chatur Singh Vs. Ramesh and others) Police Station- Atarra, District- Banda whereby application of applicant under Section 156(3) Cr.P.C. has been rejected.
Learned counsel for applicant contended that from perusal of application under Section 156(3) Cr.P.C. cognizable offence is made out against opposite party. Even so learned magistrate has passed impugned order.
All the facts is known to applicant. In such circumstances applicant may file complaint before Magistrate.
In view of the above, the prayer to quash the impugned order in the aforesaid case is refused.
However, if applicant files complaint before the trial court, trial court shall pass appropriate order in accordance with law.
Accordingly, application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 26.10.2018 Sharad/-