Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 4319 of 2005 Petitioner :- Durga Singh Respondent :- State Of U.P. And Others Counsel for Petitioner :- D.K. Srivastava Counsel for Respondent :- Govt. Advocate
Hon'ble Aniruddha Singh,J.
1- None is present on behalf of the petitioner even in the revised list/call and the writ petition is being decided on merits.
2- Heard learned A.G.A. and perused the record.
3- This writ petition has been filed by the petitioner challenging the order dated 11.1.2005 passed by Sessions Judge, Jalaun at Orai in Criminal Revision No. 258 of 2004 and order dated 31.5.2004 passed by the Chief Judicial Magistrate, Orai, Jalaun in protest petition no. 262 of 2003, in Case Crime no. 109 of 2002, under Sections 147, 148, 149, 302, 201, 120 I.P.C., Police Station Kadaura, District Jalaun whereby after investigation final report was submitted. Protest petition was filed which was accepted against that order revision was filed and that was also dismissed. Hence this writ petition.
4- From perusal of the record, it transpires that no evidence was produced in protest petition to show prima facie, case against the opposite party nos. 2 to 8. Hence the protest petition was dismissed and final report was accepted.
5- On the point of fact, both the courts below have given concurrent findings of fact and the view taken by the courts below are plausible view, hence no interference is called for.
6- This Court finds no illegality, impropriety, material irregularity or jurisdictional error in the impugned orders. No interference is called for. The present petition lacks merit and is liable to be dismissed. Hence dismissed.
7- Interim order, if any, stands vacated.
8- Copy of this order be transmitted to the court concerned to proceed in accordance with law.
Order Date :- 12.9.2018 OP