Court No. - 49 Case :- APPLICATION U/S 482 No. - 34237 of 2009 Petitioner :- Ram Raj Singh Respondent :- State Of U.P.And Others Petitioner Counsel :- Sanjay Kumar Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and the learned AGA for the State-
respondent.
The present application under Section 482 of the Code of Criminal Procedure
(in short “the Code”) has been filed for quashing the impugned order dated
23.10.2008 passed by the Chief Judicial Magistrate, Ghazipur in Case No. 564
of 2008 whereby the application of the applicant under Section 156 of the
Code has been rejected.
Learned counsel for the applicant has stated that bare perusal of the
application under Section 156 (3) of the Code shows that cognizable offence
is made out, therefore the order is bad in law.
Learned AGA contends that the allegations made in the aforesaid application
does not show commission of any cognizable offence. Medical evidence also
does not support the averments made in the application.
Learned counsel for the applicant could not point out any illegality or
infirmity in the impugned order, which may warrant any interference under
Section 482 of the Code by this Court.
The prayer for quashing the impugned order is, hereby, refused and this
application is dismissed.
Order Date :- 21.1.2010
shailesh