Court No. - 33
Case :- APPLICATION U/S 482 No. - 19546 of 2018 Applicant :- Munnu Tiwari @ Vimal Prakash Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Priya Singh Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicants and the learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for setting aside the order dated 20.4.2018 passed by Special Judge, Gangster Act Varanasi in S.T. No. 265 of 2011 (State vs. Munnu Tiwari) arising out of Case Crime No. 180 of 2008 under Section 3(1) U.P. Gangster Act, P.S. Laksa, District Varanasi.
The applicant is accused and is lodged at Banda District Jail. Applicant filed an application seeking permission to appear before the Registrar at Varanasi for registration of sale-deed of his property. On his application, the court below directed the Jail Superintendent to proceed in accordance with law.
It is urged by the learned counsel for the applicant that there being no specific and positive direction of the court below directing the Jail Superintendent to ensure that the applicant is sent to the office of the Registrar Varanasi for execution and registration of the sale-deed, the Jail Superintendent has declinied the request of the applicant.
Learned A.G.A. submits that the applicant should make an appropriate application before the court below seeking specific and positive direction.
To which the learned counsel for the applicant has no objection.
The petition is, accordingly, dismissed as withdrawn with liberty to the applicant to move an appropriate application before the court below bringing all facts to the notice of the court.
Order Date :- 29.5.2018 S.Prakash