Allahabad High Court

CRIMINAL MISCELLANEOUS 284092 of 2017 on 21 April 2009

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(Crl. Misc. Recall/Restoration Application No. 284092 of 2017)

Case :- APPLICATION U/S 482 No. - 30226 of 2010

Applicant :- Rajeshwar @ Raju Pradhan And AnotherOpposite Party :- State Of U.P.And AnotherCounsel for Applicant :- Devendra Mohan Singh,R.S.Yadav Counsel for Opposite Party :- Govt.Advocate Hon'ble Amar Singh Chauhan,J.

Heard learned counsel for the parties.

Cause shown for delay in filing the application is sufficientand the same is condoned. Cause shown for nonappearance is also sufficient.

The restoration application is allowed. The order dated9.5.2017 is recalled and the application is restored to itsoriginal number.

Order Date :- 19.1.2018AKK

Court No. - 20

Case :- APPLICATION U/S 482 No. - 30226 of 2010

Applicant :- Rajeshwar @ Raju Pradhan And AnotherOpposite Party :- State Of U.P.And AnotherCounsel for Applicant :- Devendra Mohan Singh,R.S.Yadav Counsel for Opposite Party :- Govt.Advocate Hon'ble Amar Singh Chauhan,J.

Heard learned counsel for the parties and perused the material on record.

The applicant, Rajeshwar @ Raju Pradhan and, throughthis application under Section 482 Cr.P.C., has invoked theinherent jurisdiction of this Court with a prayer to quashthe entire proceedings as well as cognizance taking orderdated 21.4.2009 passed by IInd Additional Civil Judge(J.D.)/Judicial Magistrate Ist Class, Badaun arising out ofCase Crime No. 623 of 2008 under Sections 420, 467, 468,471 IPC, P.S. Kadar Chowk, District Badaun and stay thefurther proceedings of the aforesaid complaint.

From the perusal of the record, it cannot be said that primafacie, no case is made out against the applicant. All thesubmissions made at the bar relate to the disputedquestions of fact, which cannot be adjudicated upon bythis Court under Section 482 Cr.P.C.only in cases wherethe court finds that there has been failure of justice ormisuse of judicial mechanism or procedure, sentence ororder was not correct, this power may be exercised toprevent the abuse of process or miscarriage of justice.

I find no reason to interfere in the proceedings and,therefore, refuse to quash the proceedings in the aforesaidcase.

However, in view of the submissions made by the learnedcounsel for the applicant, it is provided that if the applicantmoves an application for discharge through counsel withintwo weeks from today, the same shall be disposed of bythe trial court by speaking order in accordance with lawwithin two weeks thereafter. For the period of four weeksfrom today or till the disposal of the application,whichever is earlier, no coercive action shall be taken against him.

The application under Section 482 Cr.P.C. is disposed ofwith the aforesaid direction.

Order Date :- 19.1.2018

AKK

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