Court No. - 65
Case :- APPLICATION U/S 482 No. - 35815 of 2019 Applicant :- Naresh Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Brahma Kumar Tiwari,Omar Zamin Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Omar Zamin, learned counsel for the applicant and Sri Suraj Singh, learned A.G.A. for the State.
This Application under Section 482 Cr.P.C. has been filed with a prayer to set-aside the impugned order dated 28.08.2019 passed by learned Additional District & Sessions Judge/ F.T.C.- II, Gautam Buddh Nagar in S.T. No. 402 of 2018 arising out of Case Crime No. 524 of 2018 under Sections 323, 376, 506 I.P.C. and 3/4 P.O.C.S.O. Act, P.S. Dadri, District Gautam Buddh Nagar.
Learned counsel for the applicant has argued that the accused applicant wants to execute sale-deed of his house in order to raise funds to take care of his children for which he had moved an application before the trial court with a prayer that he may be allowed to approach the Registrar Office for execution of the sale-deed but the same has been declined holding that there was no such provision in the Cr.P.C. which though may not be illegal order but still he has prayed that some order may be passed in order to grant appropriate relief to the applicant.
Learned A.G.A. has vehemently opposed the quashing of impugned order.
I have perused the order of the trial court dated 28.08.2019 and find that the same does not suffer from any infirmity as there is no such provision in Cr.P.C. under which such kind of relief may be granted but it seems that appropriate remedy would be in such a situation to approach the appropriate forum and to seek parole.
In view of the above, this Application under Section 482 Cr.P.C. is dismissed accordingly.
Order Date :- 26.9.2019 A. Mandhani