Ghanshyam Narayan Tiwari v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 41476 of 2023 Applicant :- Ghanshyam Narayan Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Om Prakash Shukla,Vinod Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

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

¶2The present 482 Cr.P.C. application has been filed to quash the order dated

18.08.2023 passed by the Sessions Judge, Prayagraj in Criminal Revision No.270 of 2023 and also against the order dated 27.04.2023 passed by the Chief Judicial Magistrate, Allahabad in Misc. Application NO.11773 of 2023 in proceedings under Section 156(3) Cr.P.C.

¶3Counsel for the applicant submits that application under Section 156(3) Cr.P.C. of the applicant was rejected by trial court thereafter, revision filed by the applicant also rejected by the trial court. The order passed by trial court is abuse of process of Court.

¶4Per contra, learned A.G.A. opposed the submission raised by applicant's counsel and submitted that the order passed by the trial court is just and proper and do not suffer from any illegality or infirmity and no interference is warranted, at this stage.

¶5Considering the statement of applicant's counsel, learned AGA and perused the record, it is evident that the order passed by learned court below is just and proper and do not contain any illegality. Prima facie, case is made out against the applicant, as such, no interference is warranted, at this stage. In view of judgement passed by full Bench in the case of Father Thomas Vs. State of U.P. and others, 2010 SCC Online All 2438, the present application is not maintainable.

¶6The present 482 application is dismissed with the aforesaid observation. Order Date :- 8.11.2023 I.A.Siddiqui High Court of Judicature at Allahabad