Court No. - 48
Case :- APPLICATION U/S 482 No. - 9812 of 2018 Applicant :- Ramesh Kumar Yadav Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application under Section 482 of Cr.P.C. has been filed by the applicant with the prayer to quash the impugned order dated 2.6.2017 passed by the C.J.M., Fatehpur in Criminal Case No. 10092 of 2016 under Sections 323/504 I.P.C., P.S.- Kotwali, District- Fatehpur as well as the order dated 24.2.2018 passed by the learned Sessions Judge, Fatehpur in Criminal Revision No. 222 of 2017.
Heard learned counsel for the applicant and learned A.G.A. for the State. Perused the record.
Counsel for the applicant has not been able to point out any such illegality or impropriety or incorrectness, much less than any abuse of court's process which may persuade this Court to interfere in either of the impugned orders. It was specifically asked from the counsel that in what way the procedure of complaint case has been breached and in what way the procedure adopted by the court below by way of passing of the order dated 2.6.2017 can be said to be against the observations of the High Court or the procedure laid down in Code of Criminal Procedure. Counsel has not been able to point out any such thing on the basis of which it may be said that the procedure of law has been breached or the observations made by the High Court have not been followed. Where a charge sheet matter is to be treated as a complaint case then it is not necessary that the Investigating Officer should be examined under Sections 200 and 202 of Cr.P.C. Another order dated 24.2.2018 also is a speaking order which reflects judicial application of mind. This Court does not see any element of perversity in the same. There is no good ground to exercise inherent jurisdiction with regard to any of the impugned orders.
The application lacks merit and stands dismissed.
Order Date :- 27.3.2018 Naresh