Court No. - 1
Case :- APPLICATION U/S 482 No. - 7752 of 2018 Applicant :- Jameel Khan Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Shailendra Ratan Bhushan Counsel for Opposite Party :- G.A.
Hon'ble Ramesh Sinha,J.
Heard Sri S.R.Bhushan, learned counsel for the applicant and Sri Ashish Pandey, learned AGA for the State.
By means of the present application under Section 482 Cr.P.C., the applicant has challenged the revisional order dated 21.11.2017 passed by Sessions Judge, Aligarh in revision no. 371/2017 and the order dated 11.7.2017 passed by A.C.J.M. Court No. 2, Aligarh against the applicant u/s 156(3) Cr.P.C. of the applicant as Complaint Case No. 366/2017 (31.11.17), Jameel Khan vs. Rahisan Begum & others, P.S. Akrabad, District Aligarh.
Learned counsel for the applicant submits that the learned Magistrate has misused his powers under Section 156 (3) Cr.P.C. and has treated the application to be a complaint. Thereafter, against the said order passed by A.C.J.M., Court No. 2, Aligarh, the applicant filed a revision no. 371 of 2017 before Sessions Judge, Aligarh who also rejected the same mentioning therein that the civil suit is pending between the parties vide order dated 21.11.2017. Hence, this application has been filed to challenge both the aforesaid orders.
Learned AGA opposed the prayer for quashing of the impugned orders as the same do not suffer from any illegality.
Considering the submissions of learned counsel for the parties, I am of the opinion that the impugned order does not suffer from any illegality or infirmity nor it can be said to be an abuse of the process of Court. Hence, no interference is called for by this Court in the present application moved under Section 482 Cr.P.C.
The present 482 Cr.P.C. application lacks merit. It is, accordingly, dismissed.
Order Date :- 28.3.2018 A.K.Srivastava