Court No. - 86
Case :- APPLICATION U/S 482 No. - 46684 of 2019 Applicant :- Ravi Prakash Soni Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Pratap Rao Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Learned counsel for the applicant has filed this application for quashing the order dated 6.6.2018, passed by A.C.J.M. (Railway) Gorakhpur in case crime no.42 of 2018 (State vs. Virendra Kumar Prasad & another) u/s 41/411 IPC, P.S. GRP, district Gorakhpur, by which his application for release of two silver bricks has been rejected.
Learned counsel for the applicant submits that this application has been moved because the matter had become time barred in procuring the alternative remedy available to him.
The contention of learned counsel for the applicant is misconceived one. If the matter was time barred then he should have applied along with an application for condonation of delay for alternative remedy available to him. Therefore, I am not inclined to interfere in the impugned order dated 6.6.2018 by means of filing this application.
In view of the above, the application u/s 482 Cr.P.C. is dismissed. However, it is provided that if within 15 days from the date of receiving the certified copy of this order applicant moves an application before the court concerned then court concerned may dispose of the matter in accordance with law.
Order Date :- 17.12.2019 m.a.