Court No. - 64
Case :- APPLICATION U/S 482 No. - 35944 of 2019 Applicant :- Keshav Verma Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Anand Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been filed seeking quashing of impugned order dated 08.08.2019 passed by Additional Chief Judicial Magistrate-I, Ballia in Case No. 859 of 2014, under Sections 419, 420, 467, 468 and 471 I.P.C., Police Station Bansdeeh, District Ballia.
Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
It appears that some order granting stay was passed by the High Court. According to the counsel because of some gross misunderstanding the court below has now started proceedings with the case. The present application under Section 482 Cr.P.C. has been filed with regard to this grievance of the applicant. This Court is of the considered view that the applicant should have moved before the Court concerned where the aforesaid matter is still pending and wherein according to the counsel the stay was granted. It is for that court to pass appropriate orders in the matter and there is no need to move independent application under Section 482 Cr.P.C. The application is, therefore, dismissed in such circumstances with liberty to the applicant to move before the Court concerned which had granted he stay earlier.
Certified copy, if any, may be returned to the counsel for the applicant.
Order Date :- 26.9.2019 P.S.Parihar