Court No. - 48
Case :- APPLICATION U/S 482 No. - 2222 of 2019 Applicant :- Rajendra Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Haridwar Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Present application under Section 482 Cr.P.C. has been filed with the prayer to stafy the effect and operation of the order dated 12.11.2018 passed by the Chief Judicial Magistrate, Azamgarh and set aside the complaint case no. 292 of 2014 (Gujrati Devi Vs. Meena Singh and another), under Section 380, 406 IPC, P.S. Raunapar, district Azamgarh pending in the aforesaid Court.
Heard learned counsel for the applicant and learned A.G.A.
Earlier applicant along with other co-accused approached this Court by moving Application U/S 482 No. 36054 of 2017 and this Court vide order dated 3.11.2017 disposed of the application directing the applicants of that application to surrender before the Court within 30 days. It appears that applicants did not comply the order dated 3.11.2017 and instead moved application through Counsel. Concerned Magistrate after hearing the parties rejected the application under Section 245 (2) Cr.P.C. Feeling aggrieved with the said order present application under Section 482 Cr.P.C. has been moved with the prayer to quash the order dated 12.11.2018. Since the applicants did not comply with the order dated 3.11.2017 passed by this Court, keeping in view the conduct of the applicants extraordinary jurisdiction vested in this Court could not be exercised and the application is liable to be dismissed.
Application being devoid of merit is dismissed.
Order Date :- 21.1.2019 Sachdeva