Court No. - 15
Case :- APPLICATION U/S 482 No. - 6487 of 2018 Applicant :- Farzand Ali Opposite Party :- State Of U.P. And 9 Ors Counsel for Applicant :- Sanjay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
By way of the instant application, the applicant has sought for quashment of the order dated 30.01.2018 passed by the Chief Judicial Magistrate, Amroha, in Misc. Case No.1283 of 2017, Farzand Ali Vs. Hazi Mohammad Anwar and others, under Section 156 (3) Cr.P.C, Police Station Amroha Nagar, District Amroha J.P. Nagar whereby the application moved under Section 156(3) Cr.P.C. has been rejected.
Upon consideration of the various aspects of this case and upon perusal of the impugned order dated 30.01.2018, obviously it cannot be said that the Magistrate concerned did not apply his mind and did not consider various facts before it. The contentious issue involved adjudication of the civil dispute and in the garb of criminality, civil dispute has been tried to be stressed and given wrong colour.
Under the aforesaid circumstances, the court below was justified in passing the order impugned in the instant application. Therefore, the prayer for quashing the impugned order is refused.
Consequently, the instant application is dismissed.
Order Date :- 28.2.2018 rkg