Court No. - 64
Case :- APPLICATION U/S 482 No. - 21675 of 2019 Applicant :- Mansoori Construction Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Perdeep Kumar Vishnoi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned AGA for the State.
This application has been filed by the applicant with a prayer to quash the impugned order dated 2.2.2019 passed by Vth Additional Sessions Judge, Bijnor in Criminal Revision No.190 of 2018, whereby the lower Revisional Court dismissed the criminal revision and affirmed the impugned order dated 2.7.2018 passed by Additional Court, Bijnor.
Case of the applicant is that in this case the Director, whereas the same was dismissed under Section 203 Cr.P.C. and on revision being preferred, the same was dismissed vide order of the court below (Revisional) dated 2.7.2018. Claim is that the order was passed in mechanical and perfunctory manner, whereas the complaint contained all the requisite ingredients for issuance of process against O.P. No.2. Both the courts below have overlooked vital legal aspects and have not acted within their jurisdiction.
Heard the learned AGA.
Bare perusal of the rejection order itself passed by the lower court is indicative of fact that the necessary party being the 'firm' was not impleaded, therefore, the complaint was rejected. Now, it is upto the applicant to move proper application, it if so wishes, otherwise there is nothing in the order impugned to require interference at this juncture.
Accordingly, disposed off.
Order Date :- 30.5.2019/Raj