Court No. - 73
Case :- APPLICATION U/S 482 No. - 30406 of 2019 Applicant :- Vijay Shankar Pandey Opposite Party :- State Of Up And Another Counsel for Applicant :- Furquan Ahmad (Alvi) Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Furkan Ahmad Alvi, learned counsel for the applicant and the learned A.G.A. appearing for the State.
No notice is issued to private opposite party in view of the order proposed to be passed today, however, liberty is reserved for private opposite party to apply for variation or modification of this order if he/she feels so aggrieved.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the order dated 10.4.2019 passed in Case No.3041 of 2018 (Vijay Shankar Pandey Vs. State of U.P.) under Sections 323, 504 IPC, Police Station Purani Basti, District Basti. Further prayer has been made to direct the court below to connect the proceedings of the case no.3041 of 2018 with S.T. No.53 of 2018 under section 323, 504 IPC, Police Station Purani Basti, District Basti.
Evidence under section 244 Cr.P.C. has not been recorded in this matter and due to that reason, application moved by the applicant to club the cases together is rejected.
Keeping in view the facts and circumstances of the case, no illegality or infirmity is found in the impugned order. Applicant has opportunity to move fresh application at appropriate stage and the court concerned is enough competent to commit the present case to the Court of Sessions if the same is the cross-version of the case pending before the Sessions Judge concerned.
Thus, application stands disposed of.
Order Date :- 26.8.2019 ss