Court No. - 51
Case :- APPLICATION U/S 482 No. - 30525 of 2019 Applicant :- Meraj Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant, Sri V.K. Pandey learned A.G.A. for the State and Sri Gaurav Kumar Shukla, learned counsel for respondent no.2.
This petition under Section 482, Cr.P.C. has been filed for quashing the order dated 12.7.2019 passed in ST No.257 of 2017 State vs. Meraj u/s 452, 307, 302, 120 IPC arising out of case crime no.691 of 2017 PS Kalwari District Basti pending before FTC IInd, District Basti.
The contention of the learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with mala fide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. It is further contended that the order impugned has been passed without application of mind and is liable to be quashed.
I have perused the impugned order. The order itself shows that the court concerned while rejecting the application filed by the applicant has recorded the finding that "no substantive document as per the Rules of Juvenile Justice Care and Protection Act, regarding the determination of age has been filed so there is no need to consider the photo copy of irrelevant paper while counting the age. Hence rejected."
After hearing the learned counsel for the parties and after perusing the order impugned as well as averments made in the present application, this Court is of the opinion that learned counsel for the applicant could not point out any legal infirmity in the order impugned which may warrant any interference by this Court in exercise of power conferred under 482 Cr.P.C. jurisdiction.
Accordingly, the application lacks merit and is rejected.
Order Date :- 26.8.2019 SP