Sarfuddin @ Buddhu v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 29949 of 2023 Applicant :- Sarfuddin @ Buddhu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dr. C.P. Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Heard learned counsel for the applicant and learned AGA for the State.

¶2The present application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the order dated 13.07.2023 in Case No.473 of 2023, under Section 14(1) of U.P. Gangster Act, pending before District Magistrate, Hamirpur.

¶3Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present matter. Further submission is that the order passed by the District Magistrate concerned is nothing but an abuse of process of law, which is liable to be set aside.

¶4On the other hand, learned AGA has opposed the prayer and submitted that the applicant has remedy to move an application/representation before the authority concerned.

¶5Having regard to the facts and circumstances of the case, the application is disposed off with a direction to the applicant to move an application/representation against the impugned order dated 13.07.2023 before the District Magistrate concerned, which shall be considered and decided in accordance with law.

¶6With the aforesaid observations, the present application u/s 482 Cr.P.C. is disposed off. Order Date :- 16.10.2023 Sanjeet High Court of Judicature at Allahabad