Court No. - 65
Case :- APPLICATION U/S 482 No. - 44280 of 2019 Applicant :- Rinku @ Shiv Om Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Anurag Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned AGA for the State.
The present application under section 482 Cr.P.C. has been filed with a prayer to quash the order dated 22.10. 2019 and 7.11.2019 passed by the Addl. and Sessions Judge, Shahjahanpur, Court No. 6, Shahjahanpur in Misc. Case No. 323 of 2019 (S.T. No. 540 of 2013), arising out of Case Crime No. 317 of 2012, under section 302 IPC, Police Station- Kalan, District- Shahjahanpur (State v. Rinku).
It is contended by learned counsel for the applicant that the court below has passed the impugned orders without application of its mind in a very routine/mechanical manner without going into the facts of the case and prevailing law.
Per contra learned AGA has submitted that the court below has rightly passed the impugned order after considering the facts of the case and on merits, there is no illegality, incorrectness or impropriety in the order impugned.
After hearing the learned counsel for the parties and after perusing the order impugned as well as material on record, this Court is of the opinion that learned counsel for the applicant could not point out any good ground, or any illegality in the orders impugned which may warrant interference by this Court for quashing the orders dated 22.10. 2019 and 7.11.2019 passed by the Addl. and Sessions Judge, Shahjahanpur, Court No. 6, Shahjahanpur in Misc. Case No. 323 of 2019 (S.T. No. 540 of 2013), arising out of Case Crime No. 317 of 2012, under section 302 IPC, Police Station- Kalan, District- Shahjahanpur (State v. Rinku).
Present application under section 482 Cr.P.C., lacks merit and is accordingly rejected.
Order Date :- 17.12.2019 ssm