Court No. - 34
Case :- APPLICATION U/S 482 No. - 2316 of 2002 Applicant :- Ram Raj Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Srivastava,Sanjay Kumar Yadav Counsel for Opposite Party :- Govt. Advocate
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Sanjay Kumar Yadav, learned counsel for applicant and learned A.G.A. for State.
2. This application under Section 482 Cr.P.C. has been filed praying for quashing of order dated 28.11.2001 passed by Additional District and Sessions Judge, Court No.5, Allahabad whereby applicant's revision has been rejected confirming order dated 18.4.2001 passed by Vth Additional Chief Judicial Magistrate, Allahabad, holding that order passed by Magistrate rejecting application for release of gun is legal and there is no factual error.
3. The Magistrate found no evidence for release of gun. Counsel for applicant sought to argue the case on merits by referring to evidence, which cannot be examined at this stage.
4. No material irregularity in the procedure followed by Court below has been pointed out. It is not a case of grave injustice justifying interference in this application at this stage.
5. The application lacks merit and is accordingly dismissed.
6. Interim order, if any, stands vacated.
Order Date :- 18.12.2019 KA