Court No. - 65
Case :- APPLICATION U/S 482 No. - 16940 of 2019 Applicant :- Gyandas And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rahul Kumar Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been filed seeking the quashing of order dated 28.03.2019 as well as the entire proceedings of Case No.4579 of 2018 (State vs. Gyandas and others) arising out of Case Crime No.0134 of 2018, under sections 323, 504, 506, 308 I.P.C., Police Station- Kaptanganj, District- Basti, pending in the Court of Judicial Magistrate-Ist, Court No.12, Basti.
Heard learned counsel for the applicants and learned A.G.A. for the State. Perused the record.
Learned counsel for the applicants has been fair enough to admit that the charge-sheet has been submitted under sections which are triable by the Court of Sessions. The discharge application was moved in the Court of Magistrate. The impugned order shows that the Magistrate, rejected the same being not maintainable. It is so obvious that the Magistrate could not have passed any other order than the one that has been passed by him. There was absolutely no jurisdiction to consider the matter on the point of charge in a case which was triable by the Court of Sessions. There is no illegality, incorrectness or any abuse of court's process which may persuade this Court to interfere in the impugned order.
The application therefore stands dismissed.
Order Date :- 29.4.2019 shiv