Court No. - 51
Case :- MATTERS UNDER ARTICLE 227 No. - 6318 of 2019 Petitioner :- Vivek Kumar Respondent :- Smt. Kusama And Another Counsel for Petitioner :- Vikas Singh
Hon'ble Vipin Sinha,J.
This writ petition has been filed by the petitioner with a prayer to set aside the order dated 7.6.2019 passed by Chief Judicial Magistrate, Lalitpur by means of which application under Section 156(3) CrPC has been rejected.
Heard learned counsel for the petitioner and perused the record.
The learned Magistrate while rejecting the application under Section 156(3) CrPC has recorded categorical finding that the cause of death of the victim is heart attack during treatment in the hospital.
Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties, I am of the view that no case is made out to interfere with the impugned order. The impugned order does not suffer from any infirmity or illegality. Hence, the prayer made in the present petition is refused.
Accordingly, the writ petition is dismissed.
Order Date :- 26.8.2019 SP