Heard learned counsel for the applicant and learned A.G.A. for the State.
The present petition under Section 482 Cr.P.C. has been filed for quashing the order dated 27.07.2009 passed by learned Additional Sessions Judge, Court No.2, District Etah in Criminal Misc. No. 45 of 2009, whereby application under Section 156(3) Cr.P.C. has been rejected.
The Court below has dismissed the application under Section 156(3) Cr.P.C. taking note of the fact that the applicant and his family have been prosecuted at the behest of the opposite party no.6 whose daughter was married with the elder brother of the applicant under Sections 498A and 304B I.P.C. in Case Crime No. 106 of 2008, therefore, the application under Section 156(3) Cr.P.C. of the applicant has viewed in that background. Further it has been observed that although the incident has taken place on 17.06.2008 but application under Section 156(3) Cr.P.C. has been moved on 19.06.2009 and it was highly improbable for the applicant to be present at the house of his elder brother and no complaint has been lodged by elder brother of the applicant.
Perused the order impugned as well as averments made in the present petition, 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 petition lacks merit and is dismissed.
Order Date :- 12.1.2010 S.Ali